DROUET v. SUPERIOR COURT

No. S096161.

3 Cal.Rptr.3d 205 (2003)

73 P.3d 1185

31 Cal.4th 583

Joel DROUET, Petitioner, v. The SUPERIOR COURT of the City and County of San Francisco, Respondent; Jim Broustis et al., Real Parties in Interest.

Supreme Court of California.

August 11, 2003.


Attorney(s) appearing for the Case

Law Offices of Andrew M. Zacks, Andrew M. Zacks and James B. Kraus, San Francisco, for Petitioner.

Brad Seligman, Berkeley, and Jennifer Cynn for The Impact Fund, Protection and Advocacy, Inc., Legal Aid Foundation of Los Angeles, Public Interest Law Project, East Bay Community Law Center, Lawyers' Committee for Civil Rights of the San Francisco Bay Area and the American Civil Liberties Union of Northern California as Amici Curiae on behalf of Petitioner.

R.S. Radford for Pacific Legal Foundation as Amicus Curiae on behalf of Petitioner.

Law Offices of Paul F. Utrecht and Paul F. Utrecht, San Francisco, for Small Property Owners of San Francisco as Amicus Curiae on behalf of Petitioner.

Wiegel & Fried and Clifford E. Fried, San Francisco, for San Francisco Apartment Association as Amicus Curiae on behalf of Petitioner.

Law Offices of Rosario Perry and Rosario Perry, Santa Monica, for Action Apartment Association as Amicus Curiae on behalf of Petitioner.

No appearance for Respondent.

Law Offices of William M. Simpich, William M. Simpich, Oakland; Law Offices of Philip D. Rapier, Philip D. Rapier, Oakland; Law Offices of Marc S. Janowitz and Marc S. Janowitz, San Francisco, for Real Parties in Interest.

Gen Fujioka, San Francisco; Tom Weathered, Robert Capistrano; Roderick T. Field; and Dara Schur for Asian Law Caucus, Bay Area Legal Aid, The Los Angeles Housing Law Project and The Western Center on Law & Poverty as Amici Curiae on behalf of Real Parties in Interest.

Daniel Berko as Amicus Curiae on behalf of Real Parties in Interest.


BAXTER, J.

The Ellis Act (Gov.Code, § 7060 et seq.) provides that no statute, ordinance, regulation, or administrative action "shall ... compel 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).) A landlord who complies with the Ellis Act may therefore go out of the residential rental business by withdrawing...

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