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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Rich v. Schwab, 75 Cal. Rptr. 2d 170 (1998)

Citation
Rich v. Schwab, 75 Cal. Rptr. 2d 170 (1998)
Parent Document
Rich v. Schwab, 75 Cal. Rptr. 2d 170 (1998)
Jurisdiction
California (state)
Effective Date
1998-06-01

Other Sections in This Document (60)

Full Text

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We hasten to add that where, as here, the penalties imposed amount to several hundred thousand dollars, some consideration of their cumulative impact on a landlord might be warranted. However, in the context of a statutory penalty, the issue of defendant's financial condition will at most be a matter for the defendant to raise in mitigation. (See e.g. State of California v. City and County of San Francisco (1979) 94 Cal.App.3d 522, 530-531, 156 Cal.Rptr. 542, holding that once evidence of statutory violation is presented, *177 defendant bears the burden of establishing court should impose less than statutory maximum.) Here, no such mitigating evidence was offered on Schwab's behalf. D. Tenants' Appeal 1. Punitive Damages for Non-Moving Tenants