Johnson v. Macy

145 F. Supp. 3d 907, 2015 U.S. Dist. LEXIS 158054, 2015 WL 7351538
CourtDistrict Court, C.D. California
DecidedNovember 16, 2015
DocketCase No. CV 15-7165 FMO (ASx)
StatusPublished
Cited by6 cases

This text of 145 F. Supp. 3d 907 (Johnson v. Macy) is published on Counsel Stack Legal Research, covering District Court, C.D. California primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Johnson v. Macy, 145 F. Supp. 3d 907, 2015 U.S. Dist. LEXIS 158054, 2015 WL 7351538 (C.D. Cal. 2015).

Opinion

ORDER GRANTING PRELIMINARY INJUNCTION

Fernando M. Olguin, United States District Judge

Having reviewed and considered plaintiffs Ex Parte Application for'Temporary Restraining Order and Order to Show Cause re: Preliminary Injunction (“Application,” Dkt. No. 12) and the parties’ responses to the Court’s Order Granting Temporary Restraining Order and Issuing Order to Show Cause (“TRO Order,” Dkt. No. 16), the court held a hearing on November 10, 2015. No appearance was made on behalf of defendant. (See Minutes of Hearing Re: Order to Show Cause, Dkt. No. 23).

INTRODUCTION

On September 11, 2015, plaintiff Norma Johnson (“plaintiff’ or “Johnson”) filed a complaint against defendant Elaine Macy (“defendant” or “Macy”) asserting claims for violations of the Fair Housing Act, 42 U.S.C. §§ 3601 et seq. (“FHA”); the California Fair Employment and Housing Act, Cal. Gov.Code §§ 12955 et seq. (“FEHA”); the Unruh Civil Rights Act, Cal. Civ.Code § 51; the Disabled Persons Act, Cal. Civ.Code § 54; as well as claims for negligence and retaliation. (See Complaint, Dkt. No. 1, at ¶¶ 25-38). On October 21, 2015, plaintiff filed the instant Application. Defendant filed an Opposition on October 22, 2015. (See Elaine Macy’s Opposition to Plaintiffs Ex Parte Application for a Temporary Restraining Order (“TRO”) (“TRO Opp.”), Dkt. No. 15). The court granted a Temporary Restraining Order on October 23, 2015, ordering that defendant “shall not take any further steps to evict plaintiff Norma Johnson pending [911]*911resolution of her application for a preliminary injunction.” (See TRO Order at 13). It also directed defendant to show cause at a hearing on November 10, 2015, “why an order should not issue preliminarily enjoining defendant, pursuant to Federal Rule of Civil Procedure 65, from taking any further steps to evict plaintiff.” (See id. at 14). Defendant filed her opposition (see Elaine Macy’s Opposition to the Granting of a Preliminary Injunction (“PI Opp.”), Dkt. No. 18), and plaintiff filed her reply on November 4, 2015, (see Plaintiffs Reply to Defendant’s Opposition to Order Granting a Temporary Restraining Order (“PI Reply”), Dkt. No. 21). However, as noted earlier, no appearance was made on behalf of defendant at the show cause hearing;

BACKGROUND

Since November 27, 2001, Johnson has lived in a second-floor unit in a rental property located at 911 West Olive Avenue in Monrovia, California. (See Declaration of Norma Johnson in Support of Ex Parte Application for a Temporary Restraining Order and Order to Show Cause Re: Preliminary Injunction (“Johnson Decl.”), Dkt. No. 12-1, at ¶ 4).1 Defendant is the owner, manager, and operator of the property. (See Complaint at ¶ 6).

In or around January 2009, Johnson injured her knees and neck at work, which ultimately rendered her physically disabled. (See Complaint at ¶ 7). Johnson alleges that she has frequent headaches and that excessive physical activity causes pain to her knees. (See id.). Notwithstanding her disability, Johnson “is able to ascend and descend the stairs to her apartment without issue.” (See id.). In fact, Johnson explains that her doctor recommended that she continue to walk up and down the stairs to exercise her knees. (See Johnson Decl. at ¶ 7). In or around 2012, Johnson informed defendant of her injury and that she was receiving workers’ compensation. (See Complaint at ¶ 8). In June 2013, defendant allegedly demanded that Johnson relocate her phone line and build a storage shed near a vacant first-floor unit. (See id. at ¶ 9). At some point thereafter, defendant allegedly demanded that Johnson relocate to that first-floor unit. (See id.). Johnson refused the offer to relocate. (See id.).

In April 2014, after Johnson complained to defendant about defendant’s having removed Johnson’s belongings from a storage area without notice, defendant increased Johnson’s rent by $40. . (See Complaint at ¶10). Around .the same time, defendant again asked Johnson to relocate to a first floor unit. (See id.). Plaintiff ■ alleges that in order to “harass [her] and make [her] tenancy in the second floor apartment increasingly intolerable, daily and for hours at a time [defendant] has parked her car directly in front of the stairs” leading to Johnson’s unit, making it difficult for Johnson to load and unload items from her car. (See id. at 11); Defendant allegedly has refused to move her car. (See id.).

In August 2014, defendant again told Johnson that she wanted her to move to a first-floor unit. (See Complaint at ¶ 12). Johnson reports that in that conversation, defendant stated, “you don’t even walk right. You’re disabled and I don’t want you living here. You will fall and sue me.” (Johnson Decl. at ¶ 1Ó). Later that month, defendant increaséd Johnson’s rent by $80 p;er month. (See id., Exh. 2) (note from defendant to plaintiff regarding rent increase, dated August 15,2014).

[912]*912' In September 2014, defendant wrote another note to plaintiff stating, “on numerous occasions when I was working on-the downstairs apartment I tried to convince you to move there. You continually refused. Perhaps with all your, medical problems, .you should find a downstairs apartment which eliminated the stairs. Your life would become easiér and more manageable.” (Id., Exh. 3) (note from defendant to plaintiff regarding parking spaces and the downstairs unit, dated September 19, 2014). Johnson still refused to relocate to a unit on the first floor. (See Complaint at ¶ 13).

In May 2015, in another noté to plaintiff, defendant wrote that 'the door mat in front of plaintiffs door was a safety issue. (See Johnson Decl., Exh. 4 (note froni defendant to plaintiff dated May 5, 2015). She added, “I am concerned about your safety.The medical situation and medications make the matter complex. The door mat is a possible hazard. As previously stated, you need to find a ground- level apartment for your safety. Your body is-not getting better.” (Id.). According to Johnson, she never told defendant- about' any medications or having any physical issues with the mat or stairs. (See Gomplaint at ¶ 14).

Within a week of the May 2015 note, defendant allegedly increased Johnson’s rent by $100 per month. (See Complaint at ¶ 15). Later that month, “in response to Ms. Mac/s discriminatory statements and efforts to relocate Ms. Johnson to a first-floor unit,” Johnson filed a complaint with the Housing Rights Center. (See id. at ¶ 16). In early June, Johnson notified the Los Angeles Department of Building and Safety that defendant placed a lock on . her electric breaker. (See id. at ¶ 17). The Department of Building and Safety inspected the property, cited defendant for several violations, and allegedly ordered her to remove the lock from Johnson’s breaker. (See id.).

On June 26, -2015, “in retaliation for Ms.

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145 F. Supp. 3d 907, 2015 U.S. Dist. LEXIS 158054, 2015 WL 7351538, Counsel Stack Legal Research, https://law.counselstack.com/opinion/johnson-v-macy-cacd-2015.