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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

881 chars
(1986) 183 Cal.App.3d 229, 255 [227 Cal.Rptr. 899].) Section 37.9, subdivision (f), displays clumsy draftsmanship, but no real ambiguity. It plainly contemplates that “money damages” are to be “three times actual damages.” Unless the phrase “not less than” is taken to authorize higher multiples of damages—an obviously absurd interpretation—it can only be read as underscoring the necessity of trebling damages; the meaning is plainly that damages are to be “not less than three times actual damages,” that is, damages are to be trebled. This language no doubt might have been better placed in a separate sentence rather than inserted through prepositional phrases into a sentence authorizing the tenant or the board to bring civil proceedings. The result is an awkwardly overloaded sentence which, however, still reveals unmistakably a legislative intent that damages be trebled.