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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C.    The Declaratory Relief Action
      On June 18, 2015 Hirschfield filed a complaint against
Cohen alleging a single cause of action for declaratory relief,
seeking a judicial declaration that as a detached single-family
dwelling on its own separately alienable lot, the property was not
subject to rent control, and Hirschfield could increase Cohen’s
rent beyond the adjustments allowable under the City’s rent
control law. On August 4, 2015 the Board filed a complaint in
intervention against Hirschfield, seeking a judicial declaration
that the property was subject to rent control.5 Hirschfield filed a
cross-complaint against the Board seeking a declaration that all
four of the units on Marine Street were exempt from rent control
as single-family dwellings on separately alienable lots.
      On July 2, 2020 the trial court ordered briefing and set a
bench trial on the Board’s complaint in intervention and
Hirschfield’s cross-complaint. At the final pretrial conference,
the parties stipulated in lieu of a trial that the court could
“resolve the fully briefed legal issue as to whether [Hirschfield’s]

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