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Section 1950

Citation
Section 1950
Parent Document
Granberry v. Islay Investments, 889 P.2d 970 (1995)
Jurisdiction
California (state)
Effective Date
1995-03-06
Original Source
https://www.courtlistener.com/opinion/1436586/granberry-v-islay-investments/ ↗

Other Sections in This Document (169)

Full Text

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The trial court's decision to limit the landlord's liability to only the amounts owed to those class members who may come forward and submit individual claims, rather than imposing liability for the full amount of unlawfully withheld security owed to the class as a whole, was an abuse of discretion, even assuming that the landlord should be permitted the right of setoff. In my view, allowing a wrongdoing defendant to retain all or part of the amount for which it is liable to the plaintiff class rarely is one of the options that a court should choose in deciding how to distribute the class recovery or dispose of the residual.