Solomon v. Dominguez-Konopek CA2/5
Before us are the cross-appeals of a landlord, plaintiff and appellant Alvin Solomon (Solomon), and his tenant, defendant and appellant Isabella Dominguez-Konopek (Dominguez-Konopek). Litigation between Solomon and Dominguez-Konopek arose in multiple adjudicatory fora concerning whether Dominguez-Konopek had been charged rent in excess of that allowed by Santa Monica’s rent control law during her 15-year tenancy. Solomon argued he owed Dominguez-Konopek nothing, and Dominguez-Konopek contended she was entitled to withhold rent until she recouped 15 years of overpayments. The litigation eventually took the form of a declaratory judgment action brought by Solomon. The trial court found a “conflict” between the authority cited to support each party’s position and exercised its “broad powers” to fashion a remedy that reflects something of a compromise. We consider whether the court exceeded the scope of its authority in fashioning that remedy.
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