People v. H & H PROPERTIES

Plaintiff and appellant People of the State of California (People) appeal from an order granting defendant and respondent H&H Properties’ (H & H) demurrer without leave to amend to the fourth and fifth causes of action in the People’s complaint for injunction, civil penalties and other equitable relief.

Since H & H’s rights to proceed with its condominium conversion had vested prior to the enactment of the Los Angeles County Rent Control Ordinance, it could go forward but only subject to compliance with the ordinance. Therefore, the fourth and fifth causes of action are adequate as against a demurrer and the order is reversed.

Procedural and Factual Background

H & H purchased 2 adjacent apartment buildings, each consisting of 62 units, located in West Hollywood, in the County of Los Angeles. On or about March 14, 1979, H & H obtained tentative map approval for the conversion of the apartment buildings into condominiums, with final map approval being granted on or about July 24, 1979.

On May 12, 1980, the Board of Supervisors of the County of Los Angeles enacted ordinance No. 12148 as an amendment to ordinance No. 11950, the county rent regulation ordinance, to become…