Section 9-5

Citation: Section 9-5
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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In its reply brief, the City for the first time raises the argument that under its police powers it is authorized to charge landlords “regulatory fees” for reinspection costs occasioned by a tenant’s lack of consent to inspection. This issue is not properly before us and we decline to consider it. (Smith v. Board of Medical Quality Assurance (1988) 202 Cal.App.3d 316, 329, fn. 5 [248 Cal.Rptr. 704] [declining to address issue raised in reply brief because “it is unfair for an appellant to raise issues for the first time on appeal in a reply brief . . .”]; accord, Shimmon v. Franchise Tax Bd. (2010) 189 Cal.App.4th 688, 694, fn. 3 [117 Cal.Rptr.3d 430] [“arguments raised for the first time in the reply brief will not be considered unless good cause is shown for failing to raise them earlier”].)

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