Opinion
NOT TO BE PUBLISHED
APPEAL from a judgment of the Superior Court of Los Angeles County. Ray L. Hart, Judge. Reversed with directions. Los Angeles County Super. Ct. No. SC274036
Law Offices of Rosario Perry and Rosario Perry for Plaintiffs and Appellants.
Marsha Jones Moutrie, City Attorney, Adam Radinsky, Deputy City Attorney for Defendants and Respondents.
ARMSTRONG, J.
This case is before us on a remand from the California Supreme Court. (Action Apartment Ass'n, Inc. v. City of Santa Monica (2007) 41 Cal.4th 1232, 1253.) Pursuant to the mandate of the Supreme Court, the cause is remanded to the trial court for further proceedings consistent with the views expressed by the Supreme Court in its opinion. In terms of costs of appeal, given the language in Freeman v. State Farm Mutual Automobile Ins. Co. (1975) 14 Cal.3d 473, 482-487 and Sawday v. Vista Irrigation Dist. (1966) 64 Cal.2d 833, 836-837, the position taken by each party, as well as the trial court, was eminently reasonable. The interests of the justice are best served by each side bearing its own costs on appeal.
The judgment is reversed to the extent that it directs the superior court to enter a judgment declaring that Santa Monica Municipal Code section 4.56.020, subdivision (i)(1) is preempted by the litigation privilege. All parties are to bear their own costs on appeal.
We concur:
TURNER, P. J., MOSK, J.