Section 1803

Citation: Section 1803
Parent Document: 1041 20TH St., LLC v. Santa Monica Rent Control Bd., 250 Cal. Rptr. 3d 376 (2019)
Jurisdiction: California (state)
Effective Date: 2019-07-30
Original Source: https://www.courtlistener.com/opinion/6240655/1041-20th-st-llc-v-santa-monica... ↗

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20th Street Owner contends that the Board is bound by its prior 1993 decision, regardless of whether it was contrary to the Rent Control Law. 20th Street Owner cites Olive Proration etc. Com. v. Agri. etc. Com. (1941) 17 Cal.2d 204, 109 P.2d 918 ( Olive Proration ) in support of its contention. The court in Olive Proration *389held: "[T]he question whether the administrative agency may reverse a particular determination depends upon the kind of power exercised in making the order and the terms of the statute under which the power was exercised. As to the first factor, almost without exception, courts have held that the determination of an administrative agency as to the existence of a fact or status which is based upon a present or past group of facts, may not thereafter be altered or modified." ( Id. at p. 209, 109 P.2d 918.) Olive Proration does not support affirmance here.

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