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Larson v. City and County of San Francisco, A125887

In an unlawful detainer action involving voter-approved Proposition M's attorney fees provision set forth in San Francisco's Rent Ordinance, S.F. Admin. Code, section 37.1 et. seq., the trial court's judgment is reversed, in part, and affirmed, in part where: 1) the judicial powers clause precludes the Board from making rent reductions under Section 37.10B, subdivision (a)(4)-(15); 2) section 37.10B(a)(7), is invalid in its entirety because, even assuming it restricts commercial speech, it does not survive "intermediate scrutiny" under Central Hudson and unconstitutionally infringes First Amendment speech rights; and 3) section 37.10B(c)(6), is invalid in its entirety because the City has no authority to mandate that attorney fees be awarded in unlawful detainer cases brought under state law.

Appellate Information

  • Decided 02/23/2011
  • Published 02/24/2011


  • Banke


  • California Court of Appeal


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