Sterling v. Santa Monica Rent Control Board, 168 Cal. App. 3d 176 (1985)

Citation: Sterling v. Santa Monica Rent Control Board, 168 Cal. App. 3d 176 (1985)
Parent Document: Sterling v. Santa Monica Rent Control Board, 168 Cal. App. 3d 176 (1985)
Jurisdiction: California (state)
Effective Date: 1985-05-15
Original Source: https://www.courtlistener.com/opinion/2158620/sterling-v-santa-monica-rent-co... ↗

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“Respondent also urges that Code of Civil Procedure Section 1094.5, authorizes the Superior Court to stay the Board’s final decision. This section does not impact this Court’s ruling. Respondent has no jurisdiction to award retroactive relief in the form of damages. By allowing a decision of a hearing examiner to take effect prior to Board review, respondent is effectively awarding retroactive relief. Claims by tenants for damages alleging excess rents paid may only be heard by the courts, and tenants’ rights to recover excess rents paid are fully protected by the judicial process.” Contentions I

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