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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Kavanau v. Santa Monica Rent Control Board, 16 Cal. 4th 761 (1997)

Citation
Kavanau v. Santa Monica Rent Control Board, 16 Cal. 4th 761 (1997)
Parent Document
Kavanau v. Santa Monica Rent Control Board, 16 Cal. 4th 761 (1997)
Jurisdiction
California (state)
Effective Date
1997-08-26

Other Sections in This Document (115)

Full Text

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Thus we have serious doubts about the Court of Appeal’s reasoning in Kavanau I. Nevertheless, the Court of Appeal’s judgment in that case is final and precludes relitigation of certain issues in this proceeding. (See, e.g., Perez v. City of San Bruno (1980) 27 Cal.3d 875, 883 [168 Cal.Rptr. 114, 616 P.2d 1287].) For example, we must accept as true for purposes of this proceeding that application of the Rent Board’s 12 percent limit on rent increases violated Kavanau’s right to due process of law. Of course, Kavanau obtained a remedy in the form of a writ of mandate, but he also seeks damages. Kavanau’s Present Claim for Damages