Bluvshtein
Santa Monica Rent Control Board v. Bluvshtein
Opinion
Opinion
Woods, J.
Plaintiff Santa Monica Rent Control Board (Board) appeals from an order dismissing its second amended complaint (SAC) after a demurrer was sustained without leave to amend. Since we agree with the trial court’s finding that the Board cannot state a cause of action, we affirm.
Factual and Procedural Synopsis
A. Introduction
On August 3, 1988, the Board filed a complaint against respondents as individuals and doing business as 808 5th Street Trust and others. On April 6, 1989, the Board filed the SAC, the pleading relevant to this appeal. The SAC contains causes of action for: (1) exemplary damages for violation of the Ellis Act (Gov. Code, § 7060 et seq.); (2) injunctive relief to compel compliance with the Ellis Act; and (3) injunctive relief against unfair business practices pursuant to the Unfair Practices Act. (Bus. & Prof. Code, § 17000 et seq.)
B. Allegations of The SAC
1. The Parties
The Board is a public agency created by the Santa Monica City Charter and vested with authority to administer and enforce article XVIII of that charter (the Rent Control Law). The Rent Control Law applies to all residential rental housing in the City of Santa Monica except those…