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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Section 17203

Citation
Section 17203
Parent Document
Kraus v. Trinity Management Services, Inc., 999 P.2d 718 (2000)
Jurisdiction
California (state)
Effective Date
2000-06-05

Other Sections in This Document (353)

Full Text

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The parties and the Parkmerced court assume that because the TIER charge is a fee it must be a "security" within the definition of security given in subdivision (b) of Civil Code section 1950.5. It is apparent, however, that the Legislature included the terms "payment, fee, deposit or charge" in the definition to ensure that a landlord would not be able to use those or similar terms rather than "security" for a charge and thereby avoid the prohibition of nonrefundable securities and the limits placed on the use of a security by that statute. Application of the principle of ejusdem generis and consideration of the remainder of the statute compels that conclusion.