May 11, 2026 - Los Angeles, California - The owners of Marilyn Monroe’s former home will continue their fight against the City of Los Angeles, after a federal court’s decision to dismiss the case on May 6. In April, Pacific Legal Foundation joined the lawsuit over the City’s decision to designate a home formerly owned by Marilyn Monroe a historic-cultural monument, at the current owners’ expense — in violation of their Fifth Amendment right to just compensation after the government took their property.
Downolad Order Granting Motion to Dismiss
“The court’s decision is a bit surprising, but it’s not over. We are preparing our next steps in the case,” said J. David Breemer, an attorney with Pacific Legal Foundation. “When the government takes your property — either by physically seizing it or by destroying its value — then it has to pay just compensation for the taking. The Fifth Amendment doesn’t carve out exceptions for public monuments, and neither can LA.”
On May 6, the U.S. District Court for the Central District of California issued a ruling dismissing the case, finding that homeowners’ initial legal filings need to allege more facts about their losses.
Pacific Legal Foundation will challenge the dismissal. PLF continues to fight for all Americans’ property rights by standing against abuses of power at every level of government.
The case is Brinah Milstein et al. v. City of Los Angeles et al.
About Pacific Legal Foundation
Pacific Legal Foundation is a national nonprofit law firm that defends Americans threatened by government overreach and abuse. Since our founding in 1973, we challenge the government when it violates individual liberty and constitutional rights. With active cases in 34 states plus Washington, D.C., PLF represents clients in state and federal courts, with 18 wins of 20 cases litigated at the U.S. Supreme Court.
Source: Pacific Legal Foundation