Judge issues tentative decision on Marilyn Monroe house demolition injunction, tells property owners to pound sand

Gentle reader,

Were you planning to shlep Downtown to the Stanley Mosk Courthouse tomorrow morning to hear arguments in the efforts by Brinah Milstein and Roy Bank, owners of Marilyn Monroe’s home at 12305 5th Helena Drive in Brentwood, to halt the city’s landmark designation process so they can tear it down?

If all you wanted to know was what the City would argue and how Judge James C. Chalfant would rule, you can sleep in.

The City’s opposition, initally wrongly filed as confidential, is now available here. And this evening, the judge issued a tentative decision on the matter that rejects Milstein-Bank’s arguments at every turn, calls out their misapplication of case law, affirms the importance of allowing city government to function without interference and suggests Roy Bank is pretending he didn’t know the demolition permits had been stayed by an emergency landmark designation, in light of his complaints about a Marilyn Monroe media frenzy happening outside his home.

Judge Chalfant notes that the petitioners merely need to wait two more weeks to learn how the City will decide this matter, and that they can continue to pursue their claims through the courts.

We are assured that the tentative ruling will be adopted at the hearing at 9:30 am tomorrow. And City Council will then vote on declaring Marilyn Monroe’s home a protected Historic-Cultural Monument on or before June 16.

Marilyn Monroe responds to a subpoena, George Silk for LIFE, June 1952

The legal battle will continue in Judge Chalfant’s courtroom on August 13, with a trial setting conference for Milstein-Banks’ Petition for Writ of Mandate, based around their strange allegation that outside parties, including us, conspired with the City to deprive them of their property rights.

It’s all simultaneously thrilling and dull as dishwater, and we wouldn’t want to be anywhere other than Department 85 in the Mosk Courthouse tomorrow to bear witness to whatever goes down at the scheduled hearing.

If we don’t see you there, you can find a summary posted on the dedicated Marilyn Monroe house preservation timeline newsletter and on our social media channels in the next day or two.

And if you want to dish about Marilyn, demolition permits and weird quirks of preservation law, why not sign up for this Saturday’s Westlake Park walking tour, with the special offer of 2-for-1 tickets making it a perfect opportunity to grab a meal at Langer’s, walk it off with someone you like, and fall in love with a gorgeous and fascinating corner of the city. Join us, do!

Yours for Los Angeles,

Kim & Richard

Esotouric

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 and a subscriber edition of this newsletter, 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. You can share this post to win subscriber perks. And did you know we offer private versions of our walking and bus tours for groups big or small? Or just share this link with other people who care.

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