Section 1805

Citation: Section 1805
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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By its clear language, the power to stay a decision pending review which subdivision (g) grants is not absolute; the provision mandates that no stay be imposed when a stay would be against the public interest. Hence, it unequivocally requires that the superior court weigh the public interest in each individual case. This comports fully with the “inherent power” of each superior court “to exercise reasonable control over litigation before it . . . .” (Venice Canals Resident Home Owners Assn. v. Superior Court (1977) 72 Cal.App.3d 675, 679 [140 Cal.Rptr. 361].) Accordingly, insofar as the instant order imposes a blanket stay throughout the review process on all rent decrease determinations, it usurps the power of the court before which such a determination is reviewed to implement the mandate of Code of Civil Procedure section 1094.5, subdivision (g), in the exercise of its inherent discretion.

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