U.D. Registry, Inc. v. Superior Court

Last April, Division Four of our court held that subdivision (a)(3) of section 1785.13 of the Civil Code —which limits the information a credit agency may report regarding a tenant’s involvement in unlawful detainer actions—unconstitutionally infringes upon First Amendment rights by prohibiting the truthful reporting of public information. (U.D. Registry, Inc. v. State of California (1995) 34 Cal.App.4th 107, 116 [ 40 Cal.Rptr.2d 228 ].) In a petition for a writ of mandate filed a few weeks later, U.D. Registry, Inc. (UDR) asked us to hold that, as a result of Division Four’s decision, UDR was entitled to the reinstatement of a previously revoked blanket exemption from the time restrictions imposed by a different statute governing access to municipal court unlawful detainer files. We summarily denied the petition but the Supreme Court thereafter granted review and, citing Division Four’s case, transferred this petition back to us with directions to issue an alternative writ. We complied. Once again, we deny the petition.

Background

UDR is a “tenant screening” service operated for the benefit of landlords. In December 1992, a judge of the Municipal Court for the…