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Real Estate/Development

Oct. 26, 2023

Trial set on whether rent hike equals receiving stolen property

The defendants say the tenant was repaid all the extra money collected from him, but the case is moving forward to trial because the Penal Code section allows for much more money than that in damages.

Trial set on whether rent hike equals receiving stolen property
J. Scott Russo represents a landlord facing novel lawsuit over rent hike. Photo courtesy of Russo & Duckworth LLP

An Orange County judge ruled there is a triable issue of receiving stolen property through false pretenses embedded in a dispute over a tenant’s doubled rent. The Penal Code allows treble damages and attorney fees, much more than the amount the property companies repaid to the tenant.

Orange County Superior Court Judge Andre De La Cruz had originally granted the plaintiff’s motion for summary adjudication of his claims under the Penal Code ...

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