Hirschfield v. Cohen (2022)

Citation: Hirschfield v. Cohen (2022)
Parent Document: Hirschfield v. Cohen (2022)
Jurisdiction: California (state)
Effective Date: 2022-08-25
Original Source: https://www.courtlistener.com/opinion/7859842/hirschfield-v-cohen/ ↗

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A.    Redevelopment of the Property
      The material facts are undisputed. In 19942 Hirschfield
purchased four contiguous lots in the City designated 738
through 746 Marine Street. The four lots shared an assessor’s
parcel number and included three structures situated without
precise regard to the lot lines, including two single-family
dwellings and one three-unit multi-family dwelling. The five
units shared a single street address at 738 Marine Street (the
units were sub-designated A, B, C, D, and E) and were used as
rental units subject to the City’s rent control law.
      In 2004 Hirschfield decided to demolish the existing
structures and build four single-family detached houses, each one
on a separate lot, with the intention of selling three of the houses
and living in the fourth. On December 3, 2004 Hirschfield
recorded a “notice of intention to withdraw accommodations from
rent or lease” under the Ellis Act, section 7060.4, subdivision (a),
terminated the existing tenancies, and provided the tenants with
relocation assistance as provided by the City’s regulations
implementing the Ellis Act.3 In connection with the permitting

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