No. 21-788

Apartment Association of Los Angeles County, Inc., dba Apartment Association of Greater Los Angeles v. City of Los Angeles, California, et al.

Lower Court: Ninth Circuit
Docketed: 2021-11-29
Status: Denied
Type: Paid
Amici (5)Response RequestedResponse WaivedRelisted (2)
Tags: civil-procedure civil-rights contracts-clause covid-19-moratorium due-process eviction-moratorium judicial-scrutiny lease-impairment municipal-law takings
Key Terms:
ERISA DueProcess
Latest Conference: 2022-04-14 (distributed 2 times)
Question Presented (from Petition)

1. Whether a municipal law challenged under the Contracts Clause as impermissibly impairing private contracts is subject to variable scrutiny based on the severity of the contractual impairment.

2. Whether the Ninth Circuit erred by deferring to the City's determination of "reasonableness" irrespective of the severity of the eviction moratorium's impact on existing leasehold agreements.

Question Presented (AI Summary)

Whether a municipal law challenged under the Contracts Clause as impermissibly impairing private contracts is subject to variable scrutiny based on the severity of the contractual impairment

Docket Entries

2022-04-18
Petition DENIED.
2022-04-18
Motion for leave to file amicus brief filed by Foundation for Moral Law GRANTED.
2022-04-08
Supplemental brief of petitioner Apartment Association of Greater Los Angeles filed. (Distributed)
2022-03-29
DISTRIBUTED for Conference of 4/14/2022.
2022-03-24
Reply of petitioner Apartment Association of Greater Los Angeles filed.
2022-03-11
Brief of respondent City of Los Angeles in opposition filed.
2022-03-11
Brief of respondent Alliance of Californians for Community Empowerment Action and Strategic Actions for a Just Economy in opposition filed.
2022-01-18
Motion to extend the time to file a response is granted in part and the time is extended to and including March 11, 2022, for all respondents.
2022-01-14
Motion to extend the time to file a response is granted in part and the time is extended to and including March 11, 2022, for all respondents.
2022-01-14
Response to motion from petitioner Apartment Association of Greater Los Angeles filed.
2022-01-14
Motion of City of Los Angeles to extend the time to file a response from February 9, 2022 to April 11, 2022, submitted to The Clerk.
2022-01-12
Response to motion from petitioner Apartment Association of Greater Los Angeles filed.
2022-01-12
Motion to extend the time to file a response from February 9, 2022 to April 10, 2022, submitted to The Clerk.
2022-01-10
Response Requested. (Due February 9, 2022)
2022-01-05
DISTRIBUTED for Conference of 1/21/2022.
2021-12-29
Brief amicus curiae of California Association of Realtors filed. (Distributed)
2021-12-29
Brief amicus curiae of New Civil Liberties Alliance filed.
2021-12-28
Motion for leave to file amicus brief filed by Foundation for Moral Law.
2021-12-28
Brief amicus curiae of California Apartment Association filed.
2021-12-15
Waiver of right of respondent Alliance of Californians for Community Empowermet Action and Strategic Actions for a Just Economy to respond filed.
2021-12-09
Waiver of right of respondent City of Los Angeles to respond filed.
2021-11-23
Petition for a writ of certiorari filed. (Response due December 29, 2021)

Attorneys

Alliance of Californians for Community Empowerment Action and Strategic Actions for a Just Economy
Kathryn Ann EidmannPublic Counsel, Respondent
Rohit D NathSusman Godfrey L.L.P., Respondent
Apartment Association of Greater Los Angeles
Douglas J. DenningtonRutan & Tucker LLP, Petitioner
California Apartment Association
Christopher Elliott SkinnellNielsen Merksamer Parrinello Gross and Leoni, LLP, Amicus
City of Los Angeles
Jonathan H EisenmanLos Angeles City Attorney's Office, Respondent
Blithe Smith BockOffice of the City Attorney for the City of Los An, Respondent
Foundation for Moral Law
John Allen EidsmoeFoundation for Moral Law, Amicus
New Civil Liberties Alliance
Jared Alan McClainNew Civil Liberties Alliance, Amicus