As expected, the California Apartment Association last week filed papers seeking a preliminary injunction against Measure V. If approved by a judge, the action would essentially continue a temporary restraining order that has blocked the rent-control measure from being enacted since December.
In their new arguments, attorneys for the landlord group restated their position that the rent-control measure would be a violation state and federal law. Urging the judge to block the measure, they cited "irreparable harm" that could be inflicted if rent control were implemented in Mountain View only to be rescinded later by a court judgment.
"There simply is no way to recover any rent losses suffered as a result of not being able to increase rents while this case is litigated," wrote attorney Karen McCay in her injunction request to the court. "(The) CAA has shown it is likely to prevail on its challenges to the validity of both Measure V and the urgency ordinance."
Superior Court Judge William Elfving is scheduled to hear arguments for the preliminary injunction on March 14.
The landlord group will be squaring off against a growing team of lawyers. Last month, the City Council unanimously voted to direct city attorneys and outside counsel to defend the measure. In addition, five separate requests to intervene have been filed by groups seeking to have Stanford Law professor Juliet Brodie, who co-authored the measure, on the case. Three are affiliated with the Mountain View Tenants Coalition, which put forward the rent control measure, and two are other individuals. Local attorney Gary Wesley had also sought to intervene in the case, but he withdrew his request earlier this week.
The court is tentatively scheduled to review the requests on March 9.