Opinion

Klarfeld v. Berg

  • 29 Cal. 3d 893
  • 176 Cal. Rptr. 539
  • 633 P.2d 203
  • 1981 Cal. LEXIS 170
Court
California Supreme Court
Filed
Sep 10, 1981
Status
Published
Author
Kingsley
On the bench
Mosk
Cited by
8 cases

The opinion

*903 KINGSLEY, J. *

I concur in the result. However I do not join the portion of the majority opinion that relies, in part, on the March 1979 ordinance.

As I read the record before us, the city council, faced with the situation explained in the preamble to the August 1978 ordinance, elected to stay all rent increases in the city, except in five situations—in one of which (exception No. 4) it had no jurisdiction to act and in the other four where the problem facing the council was unlikely to arise. In so acting, the council acted rationally to give it time, after study and hearings, to determine the reasonable extent of the exercise of its power over rents. We are here concerned only with the impact of the August ordinance. That, by March, the council had concluded that the overall prohibition was unnecessary and, then, so advised, enacted a different set of restrictions, has no bearing on its intent in August, when the “stay” ordinance was enacted. Only the August ordinance is before us in this case.

Assigned by the Chairperson of the Judicial Council.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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