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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Section 789

Citation
Section 789
Parent Document
Hale v. Morgan, 584 P.2d 512 (1978)
Jurisdiction
California (state)
Effective Date
1978-09-28

Other Sections in This Document (116)

Full Text

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We cannot conclude, however, that all applications of section 789.3's penalty formula would be unconstitutional. The imposition of the $100 daily penalty over a limited period may indeed, in a given case, be a perfectly legitimate means of encouraging compliance with law. Furthermore, there are doubtless some situations in which very large punitive assessments are both proportioned to the landlord's misconduct and necessary to achieve the penalty's deterrent purposes.