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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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Substantive due process analysis of price and rate regulation is fairly straightforward. Price regulation is presumed to be constitutional, and "‘The *787burden of proving* otherwise ‘rests on the party asserting the violation . . . [Citation.] It ‘is not easily met. For the last half-century, courts have upheld challenged governmental acts unless no reasonably conceivable set of facts could establish a rational relationship between the regulation and the government’s legitimate ends.’ [Citation.] ‘It is enough that there is an evil at hand for correction, and that it might be thought that the particular . . . measure was a rational way to correct it.’ ” (20th Century Ins. Co. v. Garamendi (1994) 8 Cal.4th 216, 292 [32 Cal.Rptr.2d 807, 878 P.2d 566], italics added (20th Century Ins. Co.).)