Sego v. Santa Monica Rent Control Board, 57 Cal. App. 4th 250 (1997)

Citation: Sego v. Santa Monica Rent Control Board, 57 Cal. App. 4th 250 (1997)
Parent Document: Sego v. Santa Monica Rent Control Board, 57 Cal. App. 4th 250 (1997)
Jurisdiction: California (state)
Effective Date: 1997-08-22
Original Source: https://www.courtlistener.com/opinion/2279131/sego-v-santa-monica-rent-control-board/ ↗

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Based upon representations by the Board’s counsel that there were no available administrative procedures for appellants to pursue, the superior court denied the motion for peremptory writ and denied the petition for writ of mandate. The superior court concluded that, once a tenant has begun to withhold rent, the procedure proposed by the landlord is incorrect and unavailable. The landlord’s only options at that point are to either file an unlawful detainer action or an action for declaratory relief. The superior court also stated that if the landlord files an unlawful detainer action, the tenant is estopped from alleging retaliatory eviction as a defense. Appellants appeal the denial of the writ petition. Contentions

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