Section 1805

Citation: Section 1805
Parent Document: Ocean Park Associates v. Santa Monica Rent Control Board, 8 Cal. Rptr. 3d 421 (2004)
Jurisdiction: California (state)
Effective Date: 2004-01-07
Original Source: https://www.courtlistener.com/opinion/2295617/ocean-park-associates-v-santa-m... ↗

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49 Cal.3d at p. 374, fn. omitted.) To exemplify an illegitimate attempt to transfer common law claims from the courts, the court stated that it “would not approve the Board’s adjudication of a landlord’s common law counterclaims (extraneous to the Board’ s regulatory functions) against a tenant. Such adjudication would (i) not reasonably effectuate the Board’s regulatory purposes—ensuring enforcement of rent levels—and (ii) it would shift the Board’s primary purpose from one of ensuring the enforcement of rent levels, to adjudicating a broad range of landlord-tenant disputes traditionally resolved in the courts.” (Ibid.)

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