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RENTAL HOUSING ASSN. OF NORTHERN ALAMEDA COUNTY v. CITY OF OAKLAND

No. A114855. No. A114919.

171 Cal.App.4th 741 (2009)

RENTAL HOUSING ASSOCIATION OF NORTHERN ALAMEDA COUNTY et al., Plaintiffs, v. CITY OF OAKLAND, Defendant; JACQUELINE HOWELL et al., Interveners. KUN SAM KIM et al., Plaintiffs and Appellants, v. CITY OF OAKLAND, Defendant and Appellant; JACQUELINE HOWELL et al., Interveners and Appellants.

Court of Appeals of California, First District, Division Three.

February 26, 2009.

Attorney(s) appearing for the Case

Law Office of Steven S. Rosenthal, Steven S. Rosenthal and Steven R. Ruth for Plaintiffs and Appellants.

John A. Russo, City Attorney, Barbara J. Parker, Assistant City Attorney, Dianne M. Millner and Richard F. Illgen, Deputy City Attorneys; and Myron Moskovitz for Defendant and Appellant City of Oakland.

Law Office of Jay B. Koslofsky, Jay B. Koslofsky; Wartelle, Weaver & Schreiber, Paul Wartelle; Law Center for Families and Luz Buitrago for Interveners and Appellants.

OPINION

SIGGINS, J.—

A group of Oakland landlords sought a writ of mandate from the trial court to prohibit enforcement of Oakland's Just Cause for Eviction Ordinance (Ordinance) that was adopted as initiative Measure EE at the general election in November 2002. The trial court determined that certain provisions of the measure are preempted by state law and others are not. The court also concluded that the invalid portions of Measure...

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