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10A Action 2019 0304
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10A Action 2019 0304
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Agenda
Document Date (6)
3/4/2019
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appeal. <br /> <br />E. If the offer is not accepted within seven calendar days of the offer’s receipt by the opposing <br />party, the offer shall be deemed withdrawn and cannot be given in or considered as <br />evidence as part of the Rent Review Officer’s or Hearing Officer’s decision. <br /> <br />F. Legal Expenses. If an offer made pursuant to this Section is not accepted and the rejecting <br />party fails to obtain a more favorable award or decision, the rejecting party shall not recover <br />their post-offer Legal Expenses and shall pay the Legal Expenses incurred by the offering <br />party from the time of the offer. If competing offers to settle are timely submitted but have <br />not been timely accepted, the Rent Review Officer or Hearing Officer, as may be <br />appropriate, shall determine which party has failed to obtain a more favorable decision or <br />award and assign responsibility for the payment of legal expenses accordingly. <br /> <br />1. The Rent Review Officer or Hearing Officer shall mail and email to the parties a <br />notice of assignment of Legal Expense liability (“Legal Expense Notice”) within <br />seven days after issuance of a final decision on the application or appeal. Within <br />seven days of receipt of the Legal Expense Notice, each party shall simultaneously <br />serve a written request for the awarding of and an accounting of Legal Expenses on <br />the Rent Review Officer or Hearing Officer and all parties by regular mail and <br />electronic mail. Said requests shall include detailed records of fee billings, time <br />records and supporting declarations executed under penalty of perjury. Within <br />seven days of receiving the requests, opposing parties may file and serve objections <br />in the same manner as service of the original requests. Within seven days after <br />service of the oppositions or within seven days of the deadline for the filing of <br />oppositions, if none is submitted, the Rent Review Officer or Hearing Officer may <br />submit a proposed supplemental decision stating the amount of legal expenses each <br />party is required to pay and the reasons therefor. <br /> <br />a. When issued by the Rent Review Officer, said supplemental decision shall become <br />final when issued and shall be appealable separately from the Rent Review <br />Officer’s decision pertaining to the merits of the application. The appellate <br />procedures set forth in this Article shall govern an appeal of a Rent Review <br />Officer’s decision pertaining to the awarding of Legal Expenses, but an appeal of a <br />Legal Expenses award shall be consolidated with any appeal taken of the Rent <br />Review Officer’s final decision pertaining to the merits of the application. <br /> <br />b. When issued by the Hearing Officer, said supplemental decision shall become final <br />seven days after the proposed decision, unless either party requests an evidentiary <br />hearing within said seven days in which case a final decision shall be made within <br />seven days after the evidentiary hearing is concluded. The Hearing Officer’s <br />decision shall become final upon mailing, with proofs of service, to all parties of the <br />(i) final decision on the merits of the application, or (ii) final decision on the Legal <br />Expenses award, whichever occurs last. <br /> <br />c. In their discretion, the Rent Review Officer or the Hearing Officer, as appropriate, <br />may reduce or offset from any Legal Expense award made in favor of the applicant <br />by the amount of legal expenses the applicant may be required to pay. <br /> <br />2. Any award of Legal Expenses shall be itemized by the Park Owner separately from <br />any Rent Increase or Services Reduction award. Legal Expenses awarded to Park <br />Owners shall be shown as a limited time pass-through charged to the Affected <br />Mobilehome Owners. A Legal Expense award to a Park Owner plus Allowable <br />Interest on Amortized Expenses shall be recovered in equal monthly payments over <br />a five-year period, unless the Rent Review Officer or Hearing Officer determines
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