Kihagi
City of W. Hollywood v. Kihagi
Opinion
lead Opinion
Johnson, J.
*743 Anne Kihagi, 1263 North Crescent, LLC, and Aquat 009, LLC (collectively Kihagi) appeals the trial court judgment in favor of City of West Hollywood (City) finding that Kihagi violated her settlement agreement with the City and permanently enjoining her from terminating tenancies at 1263-1267-1/2 North Crescent Heights Boulevard in West Hollywood. The trial court also awarded attorney fees to the City. We affirm the trial court's determination that Kihagi violated the settlement agreement. However, because the permanent injunction in its current state is unenforceable, we reverse the trial court's *579 imposition of the injunction. Given this holding, we also reverse the trial court's attorney fee award.
BACKGROUND
A. The Ellis Act
The Ellis Act prohibits a city or county from "compel[ling] the owner of any residential real property to offer, or to continue to offer, accommodations in the property for rent or lease." ( Gov. Code, § 7060, subd. (a).) 1
Enacted in 1985, the statute was a legislative response to the California Supreme Court decision in Nash v. City of Santa Monica (1984) 37 Cal.3d 97 , 207 Cal.Rptr. 285 , 688 P.2d 894 . In Nash , a landlord "disenchanted ...…