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COOK v. CITY OF BUENA PARK

No. G031326.

23 Cal.Rptr.3d 700 (2005)

126 Cal.App.4th 1

Donald COOK, Plaintiff and Respondent, v. CITY OF BUENA PARK, Defendant and Appellant.

Court of Appeals of California, Fourth District, Division 3.

January 28, 2005.

Attorney(s) appearing for the Case

Richards, Watson & Gershon, Gregory M. Kunert, Chandra Gehri Spencer and Ginetta L. Giovinco, Los Angeles, for Defendant and Appellant.

Alvarez-Glasman & Colvin, Arnold M. Alvarez-Glasman, West Covina, and Mathew M. Gorman for League of California Cities as Amicus Curiae on behalf of Defendant and Appellant.

Law Office of Ron Talmo, Ron Talmo; Law Offices of Russell Shields and Russell Shields for Plaintiff and Respondent.

Heidi P. Poppe for California Apartment Association as Amicus Curiae on behalf of Plaintiff and Respondent.

OPINION

ARONSON, J.

Donald Cook challenges a City of Buena Park (City) ordinance obliging landlords to undertake eviction proceedings against "all occupants" of a rental unit when the chief of police suspects a tenant has engaged in or permitted illegal drug activity, gang-related crime, or a drug-related nuisance in or near the rental property. Because the ordinance imposes on landlords a substantial risk of erroneous deprivation of property rights through...

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