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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Kelly v. Choon Yee, 213 Cal. App. 3d 336 (1989)

Citation
Kelly v. Choon Yee, 213 Cal. App. 3d 336 (1989)
Parent Document
Kelly v. Choon Yee, 213 Cal. App. 3d 336 (1989)
Jurisdiction
California (state)
Effective Date
1989-08-22

Full Text

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Subdivision (f) of section 37.9 of the San Francisco Administrative Code, which governs the award of treble damages in the present case, provides: “Whenever a landlord wrongfully endeavors to recover possession or recovers possession of a rental unit in violation of Sections 37.9 and/or 37.10 as enacted herein, the tenant or Board may institute a civil proceeding for injunctive relief, money damages of not less that [s/c] three times actual damages, and whatever other relief the court deems appropriate.” In denying treble damages, the trial court construed this provision as authorizing treble damages at the discretion of the court. Appellants maintain that the provision makes the award of treble damages mandatory.