Rental Housing Owners Ass'n v. City of Hayward, 200 Cal. App. 4th 81 (2011)

Citation: Rental Housing Owners Ass'n v. City of Hayward, 200 Cal. App. 4th 81 (2011)
Parent Document: Rental Housing Owners Ass'n v. City of Hayward, 200 Cal. App. 4th 81 (2011)
Jurisdiction: California (state)
Effective Date: 2011-09-30
Original Source: https://www.courtlistener.com/opinion/5810638/rental-housing-owners-assn-v-ci... ↗

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“A facial challenge to the constitutional validity of a statute or ordinance considers only the text of the measure itself, not its application to *90the particular circumstances of an individual. [Citation.]” (Tobe v. City of Santa Ana (1995) 9 Cal.4th 1069, 1084 [40 Cal.Rptr.2d 402, 892 P.2d 1145].) “A claimant who advances a facial challenge faces an ‘uphill battle . . .’ [citation]” (Home Builders Ass'n v. City of Napa (2001) 90 Cal.App.4th 188, 194 [108 Cal.Rptr.2d 60]), and “ ‘ “petitioners cannot prevail by suggesting that in some future hypothetical situation constitutional problems may possibly arise as to the particular application of the statute .... Rather, petitioners must demonstrate that the act’s provisions inevitably pose a present total and fatal conflict with applicable constitutional prohibitions.” ’ [Citation.]” (Tobe v. City of Santa Ana, supra, 9 Cal.4th at p. 1084.)5 “Under a facial challenge, the fact that the statute ‘ “might operate unconstitutionally under some conceivable set of circumstances is insufficient to render it wholly invalid ....”’ [Citation.]” (Sturgeon v. Bratton (2009) 174 Cal.App.4th 1407, 1418 [95 Cal.Rptr.3d 718].) “All presumptions favor the validity of a statute. The court may not declare it invalid unless it is clearly so. [Citation.]” (Tobe v. City of Santa Ana, supra, 9 Cal.4th at p. 1102.) “ ‘ “The interpretation of a statute and the determination of its constitutionality are questions of law. In such cases, appellate courts apply a de novo standard of review.” [Citations.]’ [Citation.]” (Samples v. Brown (2007) 146 Cal.App.4th 787, 799 [53 Cal.Rptr.3d 216].) B. Analysis

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