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David Kagan, et al. v. City of Los Angeles, California, et al.

Paid petition · United States Court of Appeals for the Ninth Circuit, No. 21-55233 · judgment November 10, 2022

Certiorari denied · October 2, 2023
Pre-decision estimate: 23% cert probability (95% interval 17%–31%)

Before the decision, about 5.7× the 4.1% base rate. The model weighted this up for counsel who has won certiorari before, a Ninth Circuit decision below, and a circuit split argued in the petition, and down for a state or local-government respondent.

Question presented

Frank and Rachel Revere and David and Judith Kagan (Owners) own a duplex in Los Angeles, California, as tenants in common. The Reveres live in one unit. In 2019, the Reveres applied to the City to displace a month-to-month tenant in the other unit, so they could move in their own family members. The City denied the request, concluding the tenant was protected from eviction for a family move-in under Los Angeles’ Rent Stabilization Ordinance. The Owners sued, alleging the City’s decision forced them to suffer a physical taking of their property. The question presented is: Whether a law that bars termination of a tenancy, and compels the occupation of property by an unwanted tenant, amounts to a per se, physical taking, as the Eighth Circuit held in Heights Apartments, LLC v. Walz, 30 F.4th 720 (8th Cir. 2022), or is instead a permissible regulation of property under Yee v. City of Escondido, 503 U.S. 519 (1992), as the Ninth Circuit held below.

Counsel of record

For petitioner
J. David Breemer
Pacific Legal Foundation

For respondent
Jonathan H. Eisenman
Los Angeles City Attorney's Office

Case

Conference history
Distributed for 3 conferences

Amicus briefs
3 cert-stage

Proceedings

  1. Oct 02 2023
    Petition DENIED.
  2. Aug 09 2023
    DISTRIBUTED for Conference of 9/26/2023.
  3. May 23 2023
    Rescheduled.
  4. May 23 2023
    Lodging proposal letter under Rule 32.3 of respondent filed.
    Main DocumentProof of Service
  5. May 16 2023
    DISTRIBUTED for Conference of 6/1/2023.
  6. May 11 2023
    Reply of petitioners David Kagan, et al. filed.
    Main DocumentCertificate of Word CountProof of Service
  7. May 03 2023
    Brief of respondents City of Los Angeles, California, et al. in opposition filed.
    Main DocumentProof of ServiceCertificate of Word CountOther
  8. Apr 03 2023
    Brief amici curiae of Community Housing Improvement Program and Rent Stabilization Association of N.Y.C., Inc. in support of neither party filed.
    Main DocumentProof of ServiceCertificate of Word Count
  9. Apr 03 2023
    Brief amicus curiae of Apartment Association of Los Angeles County, Inc. filed.
    Main DocumentCertificate of Word CountProof of Service
  10. Mar 08 2023
    Brief amici curiae of San Francisco Apartment Association, et al. filed.
    Main DocumentProof of ServiceCertificate of Word Count
  11. Mar 08 2023
    Rule 32.3 letter from amici curiae San Francisco Apartment Association, et al. proposing to lodge non-record material filed.
    Main DocumentProof of Service
  12. Mar 07 2023
    Motion to extend the time to file a response is granted and the time is extended to and including May 3, 2023.
  13. Mar 06 2023
    Motion to extend the time to file a response from April 3, 2023 to May 3, 2023, submitted to The Clerk.
    Main Document
  14. Mar 03 2023
    Response Requested. (Due April 3, 2023)
  15. Mar 01 2023
    DISTRIBUTED for Conference of 3/17/2023.
  16. Feb 27 2023
    Waiver of right of respondent City of Los Angeles, et al. to respond filed.
    Main Document
  17. Feb 03 2023
    Petition for a writ of certiorari filed. (Response due March 9, 2023)
    PetitionAppendixCertificate of Word CountProof of Service