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TUTHILL v. CITY OF SAN BUENAVENTURA

No. B239668.

223 Cal.App.4th 1081 (2014)

167 Cal. Rptr. 3d 820

ERIC TUTHILL et al., Plaintiffs and Appellants, v. THE CITY OF SAN BUENAVENTURA et al., Defendants and Appellants. VICKI YOUNKER, Plaintiff and Respondent, v. THE CITY OF SAN BUENAVENTURA et al., Defendants and Appellants. JASON GRANT et al., Plaintiffs, v. THE CITY OF SAN BUENAVENTURA et al., Defendants.

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

February 10, 2014.

Attorney(s) appearing for the Case

Andrew J. Wolf for Plaintiffs and Appellants and for Plaintiff and Respondent.

Anderson Kill Wood & Bender, David P. Bender , Eric R. Reed , Caroline Hurtado Ford and Michael J. Stoner for Defendants and Appellants.

OPINION

O'DONNELL, J.*

Equity, although designed to promote justice, cannot be used to nullify a contrary statute. Applying equitable principles, the trial court awarded damages and private attorney general fees to plaintiffs Eric and Karrie Tuthill and Vicki Younker against defendants City of San Buenaventura and its housing authority (collectively, the City) based on the City's

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