People v. Thomas Shelton Powers, M.D., Inc.

The superior court determined that Thomas Shelton Powers, M.D., Inc., and 560 Presidio, Inc., acting jointly and severally, had violated the provisions of San Francisco’s Subdivision Code (Subdivision Code) by selling seven condominium units designated as moderate income housing stock at prices exceeding those allowed by the code. The court further determined that the sales were unfair business practices and, accordingly, (1) enjoined the defendants from any further like practices, and (2) assessed against them a statutory civil penalty of $2,500 for each sale. (Bus. & Prof. Code, § 17206.) San Francisco appealed from the judgment insofar as the court limited the relief granted. The defendant corporations filed a cross-appeal from the judgment on the grounds that the court had incorrectly determined that the sales were governed by a 1979 amendment to the Subdivision Code.

We concluded that the sales indeed were regulated by the 1979 amendment, and further that the trial court had incorrectly found that its power to grant appropriate relief was limited to an injunction and imposition of civil penalties. Tlie Supreme Court granted review and retransferred the matter to us…