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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California law recognizes a relationship known as agency where one party, the agent, “represents another, called the principal, in dealings with third persons.” (Civ. Code, § 2295; see 3 Witkin, Summary of Cal. Law (10th ed. 2005) Agency and Employment, § 1, p. 40.) An agency relationship is a bilateral matter created through mutual consent. (See van’t Rood v. County of Santa Clara (2003) 113 Cal.App.4th 549, 571 [6 Cal.Rptr.3d 746] [“ ' “Agency is the relationship which results from the manifestation of consent by one person to another that the other shall act on his behalf and subject to his control, and consent by the other so to act.” [Citation.]’ ”].) Absent mutual consent, therefore, there can be no agency.

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