| May-19-2009 9:30am |
Hearing On Petition Of Write Of Mandate
Off Calendar May-19-2009 Text Ruling
MINI MINUTES: Hearing on Petition of Writ of Mandate. Appearances: John P. Baba, Esq. & Clifford Fried Esq. of Wiegel & Fried, LLP, (415) 552-8230, appearing for Petitioners and moving party. Tara M. Steeley, Deputy City Attorney, CCSF, (415) 554-4700, appearing for CCSF, and opposing party. Argued and the Court adopted its tentative ruling as follows: Writ is granted in part and denied in part. The Ordinance is not solely directed at commercial speech and therefore the Ordinance is subject to traditional scrutiny. (See Baba vs. Board of Supervisors of the City and County of San Francisco (2004) 124 Cal.App.4th, 504.) As written the Ordinance is unconstitutionally vague in that the phrase "with ulterior motive or without honest intent" is undefined and fails to give adequate notice. That phrase is therefore severed pursuant to 37.10B(d). The phrase "Bad Faith" enjoys such common usage to overcome any vagueness concerns. The remainder of the Statute is not vague. 37.10B(A) clearly enumerates certain behavior that would be unlawful. The attorney fee provision in 37.10B(c)(6) is unconstitutional and a violation of The Equal Protection Clause, in that it authorizes attorneys fees to a single class of litigants or in a single class of cases. (See City of Alturas vs. The Superior Court of Modoc County (1940) 36 Cal.App.2nd 457. That provision is severed and unenforceable. Proposition M's remedial provisions for rent reductions do not violate Article VI, Section 1 of the California Constitution. The provisions are not vague, facially defective, or constitutionally infirm. Rent reductions are within the Rent Board's powers. Subsection 37.10B(c) does not provide that the Rent Board will, or has the power to, award emotional or punitive damages. (302/CWW/301)Judge: Charlotte Walter Woolard, Reporter: Kent Gubbine, CSR 5759 |
CIVIC CENTER COURTHOUSE ROOM 302 |
CHARLOTTE W. WOOLARD |
| May-05-2009 9:30am |
Hearing On Petition Of Write Of Mandate
Off Calendar May-05-2009 Continued To May-19-09 At 09:30 A.M. In Dept 302
MINI MINUTES: Hearing on Petition for Writ of Mandate. No appearances on this matter. The Court adopted its tentative ruling as follows: Continued to May 19, 2009, on the Court's own motion. (302/CWW/xAY)Judge: Charlotte Walter Woolard, Reporter: Kent Gubbine, CSR 5759 |
CIVIC CENTER COURTHOUSE ROOM 302 |
CHARLOTTE W. WOOLARD |