Citizens Against Gated Enclaves v. Whitley Heights Civic Ass'n

Defendant Whitley Heights Civic Association (Association), an association of homeowners, appeals from a judgment in favor of plaintiff Citizens Against Gated Enclaves (CAGE) and two individual plaintiffs. The court found that pursuant to Vehicle Code section 21101.6, the Association was prohibited from placing gates on its streets.

The Association contends that since the City of Los Angeles (City) withdrew the streets of Whitley Heights from public use pursuant to Government Code sections 37359 and 37361, section 21101.6 was not applicable as it only prohibits partial closure of public streets, whereas the closure here was total and the streets were private. We affirm as we conclude that since the City had no authority to withdraw the streets from public use, section 21101.6 was properly applied.

Factual and Procedural Synopsis

I. Factual Background

A. Whitley Heights

Whitley Heights is a neighborhood in the Hollywood Hills of Los Angeles, bound on the south by Franklin Avenue, on the west by Highland Avenue and on the north and east by Cahuenga Boulevard. Whitley Heights sits on a hill. The upper half of the hill consists almost exclusively of single-family homes;…