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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

People Ex Rel. Smith v. Parkmerced Co., 198 Cal. App. 3d 683 (1988)

Citation
People Ex Rel. Smith v. Parkmerced Co., 198 Cal. App. 3d 683 (1988)
Parent Document
People Ex Rel. Smith v. Parkmerced Co., 198 Cal. App. 3d 683 (1988)
Jurisdiction
California (state)
Effective Date
1988-02-17

Other Sections in This Document (65)

Full Text

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In bringing the instant action respondent contended that the $65 first month's increment and the $50 transfer fee were securities unlawfully retained *Page 689 
in violation of section 1950.5 The trial court determined that both fees contravened section 1950.5 and that appellants' retention thereof constituted an unlawful business practice. It permanently enjoined appellants from charging such fees, and required them to include in future leases or renewal agreements a notice informing tenants of their rights under section 1950.5 It further ordered appellants to reimburse the fees with interest to all tenants who had vacated the premises, notify all remaining tenants of their right to a refund, and pay to the Parkmerced Residents' Organization the refunds of former tenants whom appellants could not locate after a good faith effort to do so, "for use by the Residents' Organization in representing the interests of [appellants'] tenants." Finally, it ordered appellants to pay $221,700 in civil penalties and $40,000 attorney fees.