Marilyn Monroe House Landmarking Stands! (part 2) - read the judge's full ruling
Gentle reader,
On Wednesday, we told you that following last week’s hearing, Judge James C. Chalfant had issued his ruling denying the petition for writ of mandate seeking to undo landmark status for the only home that Marilyn Monroe ever owned.
And the preservation and Marilyn loving world let out a simultaneous YES!
But to actually understand why the judge decided that this Historic Cultural Monument designation was enshrined by law, we needed to read his 31 page ruling. This document floated around in limbo for a few days, but finally this morning we were able to go to Room 112 (Records) at the Mosk Courthouse, confirm availability at one of the public terminals, and request a printed copy at window 6.
And they handed it over, for $15.50, cheap!
Then we took the printout over to Charles Fletcher Lummis’ stone house El Alisal, to tell the spirit of a pioneering southland preservationist that landmarking in L.A. would live another day.
You can read the ruling below—and yes, we’re in it, on page 7.
Our brief email sent to councilmember Traci Park’s office alerting her staff to the immediate demolition threat to Marilyn Monroe’s house is one of several communications from preservation organizations that the judge says represent community support, thus proving that the landmark designation impacts not just the property owners, but the public at large.
If you’re not nerdy enough to spend your Friday night reading a 31 page denial of petition for writ of mandate, below are the basic beats, which rise to a throbbing Buddy Rich crescendo of a judge who just wasn’t buying what the property owners’ attorneys were selling.1
• HCM Designation is Quasi-Legislative: The court ruled that the designation of Marilyn Monroe’s house as a Historic-Cultural Monument (HCM) is a quasi-legislative act, not a quasi-adjudicatory (or judicial) one.
• Bias and Corruption Claims Rejected: Allegations of bias and corruption in the nomination process, including claims against Councilmember Traci Park and the volunteer who wrote the application, did not invalidate the HCM designation, which was recommended by two independent bodies (the Cultural Heritage Commission and PLUM Committee). The court ruled that Park was definitely biased, but having an opinion is part of her job as an elected representative.
• Sufficiency of Evidence Affirmed: The City provided substantial evidence to support the designation, satisfying the criteria related to the property's association with Marilyn Monroe and its architectural characteristics.
• The SurveyLA Question: As to the argument that the house was not important because Monroe died after six months and was experiencing a lull in her career, the court ruled that the City couldn’t ignore SurveyLA's guidelines for evaluating resources associated with significant persons—it cites properties that are long time residences where important work was done—“because to do so would be arbitrary and capricious. However, the City Council is not slavishly bound by each criterion of the guidelines if it concludes that the overall eligibility… is met.” And it did.
• LAAC 22.171.12 is Constitutional: The court ruled Los Angeles Administrative Code (LAAC) Temporary Stay of Demolition section 22.171.12 of the Cultural Heritage Ordinance to be constitutional.
• Procedural Compliance: The City followed its required notice procedures and petitioners received adequate notice and opportunity to be heard. Even if they didn’t get certified letters before the June 12 and June 26, 2024 hearings, they showed up and complained every time.
• Timing Rules Not Violated: The court determined deadlines were either mutually extended or not mandatory.
• CEQA Exemption Upheld: The City's reliance on a categorical exemption under CEQA was appropriate, as petitioners failed to demonstrate "unusual circumstances" that would lead to a significant environmental effect.
Petition for writ of mandate is denied!
Again, we do expect that this decision will be appealed, and this is not the last the world will hear of the claim that Marilyn’s house doesn’t matter and shouldn’t be a landmark. But according to Judge Chalfant, it does and it is.
Whatever comes next, this is our sincere hope: that the house can be better maintained in the future and that it can once again be a home with owners who are happy to call this lovely place their own.
And if nothing else, it’s long past time the City installed a monument sign in the public right of way, so fans can memorialize their visit with a selfie celebrating the preservation of the Marilyn Monroe Residence HCM #1306!
Are you coming on Saturday's true crime, film history, architecture and literature tour of Downtown Los Angeles, honoring the real life inspirations of detective novelist Raymond Chandler? We'll depart from Grand Central Market bound for the timeless remnants of the 1920s oil boom where Ray learned so much about human nature and the dark side of power. Join us, do!
Yours for Los Angeles,
Kim & Richard
Esotouric
Are you on social media? We’re on Instagram, Twitter, Facebook, YouTube, Mastodon, Threads, Bluesky, Substack Notes, TikTok, Nextdoor and Reddit sharing preservation news as it happens. New: some of these newsletters are on Medium, too.
Our work—leading tours and historic preservation and cultural landmark advocacy—is about building a bridge between Los Angeles' past and its future, and not allowing the corrupt, greedy, inept and misguided players who hold present power to destroy the city's soul and body. If you’d like to support our efforts to be the voice of places worth preserving, we have a tip jar, vintage Los Angeles webinars available to stream, in-person tours and a souvenir shop you can browse in. We’ve also got recommended reading bookshelves on Amazon and the Bookshop indie bookstore site. And did you know we offer private versions of our walking tours for groups big or small? Or just share this link with other people who care.
UPCOMING WALKING TOURS
• Raymond Chandler’s Noir Downtown Los Angeles (9/6) • Franklin Village Old Hollywood (9/13) • Film Noir / Real Noir (9/20) • Angelino Heights & Carroll Avenue (9/27) • Charles Bukowski’s Westlake (10/4) • Know Your Downtown LA: Bradbury Building, Basements, Dutch Chocolate Shop (10/11) • The Run: Gay Downtown History (10/18) • Evergreen Cemetery, 1877 (11/1) • Highland Park Arroyo Time Travel Trip (11/8) • Richard’s Birthday: Alvarado Terrace & South Bonnie Brae Tract (11/15) • The Real Black Dahlia (11/22) • Hotel Horrors & Main Street Vice (12/6) • Westlake Park Time Travel Trip (12/13) • Miracle Mile Marvels & Madness (Sunday, 12/21) • Human Sacrifice: The Black Dahlia, Elisa Lam, Heidi Planck & Skid Row Slasher Cases (12/27)
Select judicial jibes: “Petitioners must be thinking about another case…” “Petitioners state, without legal citation, that they had vested rights to the demolition and grading permits, but this is not correct.” “Petitioners' argument is dependent upon the erroneous contention that the City loses its right to a 15-day extension when the parties also mutually agree to an extension.”
thank you for all of your work
I am fascinated by what is going on with the Marilyn Monroe house. I think you should write a history of the house and try and publish like a book so all of the information is together. The story is a perfect example of fraud. Anyhow I hope that I am not being tp intrusive in saying this. I love her house and so I am more bossy than usual. Mom