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Judges and Judiciary

Sep. 28, 2026

Banke's rulings emphasize substance over labels as she seeks new term

Justice Kathleen M. Banke, who struck down San Francisco's vacancy tax this month, seeks a new 12-year term as her recent opinions show a focus on substance over labels.

Banke's rulings emphasize substance over labels as she seeks new term
Justice Kathleen M. Banke

Less than two months before voters decide whether to keep her on the bench, Justice Kathleen M. Banke wrote the opinion that struck down San Francisco's voter-approved tax on vacant apartments.

In Debbane v. City and County of San Francisco, A172067, filed Sept. 11, a unanimous 1st District Court of Appeal panel held that Proposition M, which won 54.5% of the vote in 2022, conflicts with the Ellis Act, the state law barring local governments from forcing owners to rent...

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