Landlords claim (California) · Go Syfert
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Landlords claim in California

6 California opinions name it 1 courts 1987–2023 3 in the last five years

The cases below were cited by California courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (2)

CaseFollowedCited
Sallee v. Danerigreen
calctapp · 1942 · cited in 1 California opinions naming this issue, 1992–1992
2 sentences

1992(Id. at pp. 775-777.) Injury to the inheritance is defined as waste. {Smith v. Cap Concrete, Inc., supra, 133 Cal.App.3d at pp. 775-776; Sallee v. Daneri (1942) 49 Cal.App.2d 324, 327 [ 121 P.2d 781 ].) Waste occurs when the market value of property is substantially or permanently diminished or depreciated.

1992(Id. at pp. 775-777.) Injury to the inheritance is defined as waste. {Smith v. Cap Concrete, Inc., supra, 133 Cal.App.3d at pp. 775-776; Sallee v. Daneri (1942) 49 Cal.App.2d 324, 327 [ 121 P.2d 781 ].) Waste occurs when the market value of property is substantially or permanently diminished or depreciated.

11
Calderone v. Postgreen
calctapp · 1982 · cited in 1 California opinions naming this issue, 1988–1988
2 sentences

1988(Calderone v. Post (1982) 134 Cal.App.3d 1008, 1012 [ 185 Cal.Rptr. 52 ].) The flaw in this argument—indeed, in all of Landlords’ arguments—is the underlying assumption there are “accrued AGA’s” to be granted or denied these Landlords, as if the previous landlord had merely forgotten to take them or made a tactical decision to “bank” them temporarily.

1988(Calderone v. Post (1982) 134 Cal.App.3d 1008, 1012 [ 185 Cal.Rptr. 52 ].) The flaw in this argument—indeed, in all of Landlords’ arguments—is the underlying assumption there are “accrued AGA’s” to be granted or denied these Landlords, as if the previous landlord had merely forgotten to take them or made a tactical decision to “bank” them temporarily.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in California. Read the followed side critically anyway.

Also cited on this issue (5)

CaseCitedYears
Balmoral Hotel Tenants Assn. v. Lee green
calctapp · 1990
2 sentences

2021The firm conducts quarterly surveys based on about 25,000 units and produces a report for San Francisco as a whole.8 True enough, in Balmoral, supra, 226 Cal.App.3d 686 , this court defined actual damages “as referring narrowly to out-of-pocket expenses.” (Id. at p. 690) The court thus excluded mental-suffering damages from the 8 The landlords claim that Devine’s calculation of fair market value was incorrect because of various discrepancies, including that it was based on a unit with two bedrooms and one bathroom, whereas the tenants’ unit had one bedroom, one bathroom, and an “extra room.” T

2021The firm conducts quarterly surveys based on about 25,000 units and produces a report for San Francisco as a whole.8 True enough, in Balmoral, supra, 226 Cal.App.3d 686 , this court defined actual damages “as referring narrowly to out-of-pocket expenses.” (Id. at p. 690) The court thus excluded mental-suffering damages from the 8 The landlords claim that Devine’s calculation of fair market value was incorrect because of various discrepancies, including that it was based on a unit with two bedrooms and one bathroom, whereas the tenants’ unit had one bedroom, one bathroom, and an “extra room.” T

22021–2021
Kelly v. Choon Yee green
calctapp · 1989
2 sentences

2021The firm conducts quarterly surveys based on about 25,000 units and produces a report for San Francisco as a whole.8 True enough, in Balmoral, supra, 226 Cal.App.3d 686 , this court defined actual damages “as referring narrowly to out-of-pocket expenses.” (Id. at p. 690) The court thus excluded mental-suffering damages from the 8 The landlords claim that Devine’s calculation of fair market value was incorrect because of various discrepancies, including that it was based on a unit with two bedrooms and one bathroom, whereas the tenants’ unit had one bedroom, one bathroom, and an “extra room.” T

2021The firm conducts quarterly surveys based on about 25,000 units and produces a report for San Francisco as a whole.8 True enough, in Balmoral, supra, 226 Cal.App.3d 686 , this court defined actual damages “as referring narrowly to out-of-pocket expenses.” (Id. at p. 690) The court thus excluded mental-suffering damages from the 8 The landlords claim that Devine’s calculation of fair market value was incorrect because of various discrepancies, including that it was based on a unit with two bedrooms and one bathroom, whereas the tenants’ unit had one bedroom, one bathroom, and an “extra room.” T

22021–2021
de la Cuesta v. Benham green
calctapp · 2011
1 sentence

2023The landlords’ reliance on de la Cuesta v. Benham (2011) 193 Cal.App.4th 1287 is misplaced.

12023–2023
Hughes v. Pacific Wharf & Storage Co. green
cal · 1922
2 sentences

1987This argument relies upon two opinions of the California Supreme Court, Ford v. Cunningham (1890) 87 Cal. 209 [ 25 P. 403 ] and Hughes v. Pacific Wharf etc. Co. (1922) 188 Cal. 210 [ 205 P. 105 ].

1987This argument relies upon two opinions of the California Supreme Court, Ford v. Cunningham (1890) 87 Cal. 209 [ 25 P. 403 ] and Hughes v. Pacific Wharf etc. Co. (1922) 188 Cal. 210 [ 205 P. 105 ].

11987–1987
Ford v. Cunningham green
cal · 1890
2 sentences

1987This argument relies upon two opinions of the California Supreme Court, Ford v. Cunningham (1890) 87 Cal. 209 [ 25 P. 403 ] and Hughes v. Pacific Wharf etc. Co. (1922) 188 Cal. 210 [ 205 P. 105 ].

1987This argument relies upon two opinions of the California Supreme Court, Ford v. Cunningham (1890) 87 Cal. 209 [ 25 P. 403 ] and Hughes v. Pacific Wharf etc. Co. (1922) 188 Cal. 210 [ 205 P. 105 ].

11987–1987

Where else courts name it

CA 6 (1987–2023) MD 3 (1966–2012) IN 2 (1995–2018) TX 2 (2022–2026) NY 2 (1944–2009)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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