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CITY OF SANTA MONICA v. YARMARK

Docket Nos. B024751, B024754.

203 Cal.App.3d 153 (1988)

249 Cal. Rptr. 732

CITY OF SANTA MONICA et al., Plaintiffs and Appellants, v. HENRY YARMARK et al., Defendants and Respondents. CITY OF SANTA MONICA et al., Plaintiffs and Appellants, v. LUIGI DE LUCIA et al., Defendants and Respondents.

Court of Appeals of California, Second District, Division Seven.

July 27, 1988.

Attorney(s) appearing for the Case

COUNSEL

Robert M. Myers, City Attorney, Joseph Lawrence, Assistant City Attorney, Barry A. Rosenbaum, Deputy City Attorney, Joel M. Levy and Hadassa K. Gilbert for Plaintiffs and Appellants.

Gordon P. Gitlen, Daniel P. Beaver and Lawrence & Harding for Defendants and Respondents.

Lawrence & Harding, Christopher M. Harding, Kenneth L. Kutcher, John E. Mackel and David M. Shell as Amici Curiae on behalf of Defendants and Respondents.

OPINION

LILLIE, P.J.

In this case we are called upon to decide whether the Ellis Act (Gov. Code, § 7060 et seq.) preempts portions of Santa Monica City Charter, article XVIII, section 1806, subdivision (i) — which prohibits eviction of tenants for the purpose of demolishing or otherwise removing controlled rental units from rental residential housing use absent proper permits...

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