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AIUTO v. CITY & COUNTY OF SAN FRANCISCO

Nos. A131279, A132908.

201 Cal.App.4th 1347 (2011)

VICTOR AIUTO et al., Plaintiffs and Respondents, v. CITY AND COUNTY OF SAN FRANCISCO, Defendants and Appellants. CITY AND COUNTY OF SAN FRANCISCO, Petitioner, v. THE SUPERIOR COURT OF THE CITY AND COUNTY OF SAN FRANCISCO, Respondent; VICTOR AIUTO et al., Real Parties in Interest.

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

December 15, 2011.

Attorney(s) appearing for the Case

Dennis J. Herrera , City Attorney, Kristen A. Jensen , Thomas S. Lakritz and Victoria Wong , Assistant City Attorneys, for Peitioner and for Defendants and Appellants.

Timken Johnson Hwang , Heidi A. Timken , Leslie A. Johnson and Abram P. Petersen for Plaintiffs and Respondents and for Real Parties in Interest.

OPINION

RUVOLO, P. J.—

I.

INTRODUCTION

Plaintiffs are owners of condominium units that are designated "Below Market Rate" (BMR units), and thus subject to restrictions imposed by the Below Market Rate Condominium Conversion Program (BMR Program) created by the City and County of San Francisco (the City), under authority of the state Subdivision Map Act (Gov. Code, § 66410 et seq.) (SMA).1

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