Mayra Davila v. RTI Properties Inc et al

Filing 31

ORDER GRANTING PRELIMINARY INJUNCTION 9 by Judge Dean D. Pregerson (lc). Modified on 11/2/2012 (lc).

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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MAYRA DAVILA, et al.,

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Plaintiffs,

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v.
RTI PROPERTIES, INC., a
California corporation; BBK
CARLIN, LLC, a California
limited liability company;
JUDITH A. CARROLL,
individually and as trustee
of the JUDI A. CARROLL
LIVING TRUST, ROSA MARIA DE
LA ROSA,

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Defendants.

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___________________________

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Case No. CV 12-08176 DDP (VBKx)
ORDER GRANTING PRELIMINARY
INJUNCTION
[Link to Docket Number 9]

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Presently before the court is Plaintiffs Mayra Davila and

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Kimberly Yantuche’s Ex Parte Application for a Temporary

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Restraining Order and Order to Show Cause RE: Preliminary

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Injunction.

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parties, hearing oral argument and testimony, and considering the

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evidence submitted, the court GRANTS the application.

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///

After reviewing the materials submitted by the

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I. Background
On September 21, 2012, Plaintiffs filed a verified complaint

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alleging violations of the federal Fair Housing Amendments Act

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(“FHAA”), 42 U.S.C. §§ 3601, et seq. and the California Fair

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Employment and Housing Act (“FEHA”), Cal. Gov’t Code § 12955 et

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seq., against Defendants, in relation to their notice to her to

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vacate the property located at 4217 Carlin Avenue, Lynwood,

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California, 90262, within sixty days.

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Plaintiffs filed an application for a Temporary Restraining Order

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(“TRO”), seeking to prevent eviction proceedings from starting on

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October 12, 2012.

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A preliminary status conference was held on October 18, 2012, and a

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full hearing on the Preliminary Injunction was continued to

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November 1, 2012.

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II. Legal Standard

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On October 5, 2012,

On October 9, 2012, the court granted the TRO.

The Supreme Court set forth the standard for assessing a

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motion for preliminary injunction in Winter v. Natural Resources

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Defense Council, Inc., 129 S. Ct. 365, 376 (2008).

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plaintiffs seeking a preliminary injunction must establish that (1)

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they are likely to succeed on the merits; (2) they are likely to

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suffer irreparable harm in the absence of preliminary relief; (3)

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the balance of equities tips in their favor; and (4) a preliminary

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injunction is in the public interest.”

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Rey, 577 F.3d 1015, 1021 (9th Cir. 2009).

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III. Discussion

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“Under Winter,

Sierra Forest Legacy v.

Having reviewed both parties’ pleadings, heard testimony and

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oral argument, and considered the evidence, the court finds no

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reason to alter its conclusion that Plaintiffs have made a showing
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of likelihood of success on the merits and that the balance of

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hardships weighs heavily in favor of Plaintiffs.

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Plaintiffs assert that Defendants have violated the FHAA,

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which makes it unlawful “to discriminate against an person in the

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terms, conditions, or privileges of sale or rental of a dwelling,

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or in the provision of services or facilities in connection

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therewith, because of . . . familial status . . .” 42 U.S.C. §

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3604(b).

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vacate based on their noncompliance with rules restricting children

Plaintiffs allege that they were given the notice to

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from playing in the common areas without supervision.

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housing provider seeks to establish restrictive rules applicable

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only to tenants with children, the housing provider must establish

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that the rules (1) constitute a compelling business necessity, and

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(2) that he has used the least restrictive means to achieve that

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end.

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Cal. 1997); U.S. v. M. Westland Co., CV 93-4141, Fair Housing-Fair

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Lending ¶ 15,941 (HUD ALJ 1994).

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When a

Fair Housing Congress v. Weber, 993 F. Supp. 1286, 1292 (C.D.

Plaintiffs have also alleged discrimination based on sexual

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orientation in violation of the FEHA, which prohibits making

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statements that indicate a “preference, limitation, or

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discrimination based on . . . gender identity, gender expression,

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[or] sexual orientation.” Cal. Gov’t Code § 12955(c).

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allege that Defendant de la Rosa and her daughter have made

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statements indicating a preference against Ms. Yantuche’s perceived

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sexual orientation.

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Plaintiffs

Having heard testimony and considered evidence from the

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parties, the court finds that on balance the reasons it provided in

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the Order granting the TRO are still valid.
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The court finds that

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Plaintiffs have shown a likelihood of success on the merits by

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providing evidence of a policy that is facially discriminatory

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against families with children and by presenting testimony that

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this policy contributed to Defendants’ decision to issue Plaintiffs

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a Notice to Vacate.

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Plaintiffs would suffer based on their 15-year occupancy, the lack

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of evidence of available comparable housing, the proximity of the

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property to Plaintiff Yantuche’s place of employment and to

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Plaintiff Davila’s son’s school, and other bases of hardship set

The court notes the substantial hardship

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forth in the record.

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suffer any great injury should a preliminary injunction issue.

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It does not appear that Defendants will

Therefore, at this time, the court finds that a preliminary
injunction should issue.

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Accordingly, it is hereby ordered that Defendants and

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Defendants’ respective agents, employees, representatives, and all

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persons acting under Defendants’ direction are enjoined from

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commencing eviction proceedings against Plaintiffs from the

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property at 4217 Carlin Avenue, Lynwood, California, 90262, or from

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taking any further action in an attempt to evict Plaintiffs from

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their residence.

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IV.

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CONCLUSION
For the foregoing reasons, the court GRANTS Plaintiffs’

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application for a preliminary injunction.

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IT IS SO ORDERED.

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Dated: November 2, 2012
DEAN D. PREGERSON
United States District Judge

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