L.A Lincoln Place Invr's, LTD. v. City of Los Angeles

I. Introduction

The City of Los Angeles (city) appeals from a judgment declaring Los Angeles Municipal Code former section 91.0303(a)5. unconstitutional as applied to plaintiffs, Los Angeles Lincoln Place Investors, Ltd. (Lincoln) and Elkgrove Investors, Ltd. (Elk). The trial court found that the ordinance was preempted by Government Code section 7060 et seq. (commonly known as the Ellis Act) and ordered the city to issue a demolition permit to plaintiffs pursuant to Code of Civil Procedure section 1085. Plaintiffs cross-appeal from that portion of the judgment which concludes the ordinance is unconstitutional as applied to them. Plaintiffs seek a clarification declaring the ordinance invalid as to any owner seeking to withdraw accommodations within the meaning of the Ellis Act. In the published portion of this opinion, we address the issue of whether the Ellis Act prohibited the city from imposing the disputed conditions on the issuance of a demolition permit. We affirm.

II. Background

The mandate petition, which was filed on October 19, 1995, sought: a declaration that former section 91.0303(a)5, was invalid; an injunction prohibiting the city from enforcing former…