Update on Status of Lawsuits Challenging Prop M
In the federal court case of Carrico v. CCSF (United States District Court Case No. C09-0605), the plaintiffs challenged the constitutionality and validity of Proposition M, the tenant harassment amendment to the Rent Ordinance adopted by the voters in November 2008 as Ordinance Section 37.10B. On September 4, 2009 District Court Judge Alsup dismissed the complaint, finding that plaintiffs' federal claims were without merit and holding that the state claims should be decided in state court.
In the state court case of Larson v. CCSF (Superior Court Case No. 509083), the Court's May 19, 2009 decision was appealed by all parties. On July 28, 2009, the plaintiff petitioners filed an appeal of the court's decision. On August 14, 2009, the City filed a cross-appeal of that part of the court's decision striking the unilateral attorney fees provision of Section 37.10B(c)(6). The Court's May 19, 2009 order is still in effect pending resolution of the appeals. Thus, except for the phrase "with ulterior motive or without honest intent" in Section 37.10B(a) and the attorneys' fee provision in Section 37.10B(c)(6), the rest of Proposition M is now enforceable.