A landlord leased property to a private school. At a certain point, the landlord listed the premises for sale with a real estate broker, and decided to have a building inspector “find out all the things that may or may not be wrong.” The lease provided for the landlord to inspect “at reasonable times after reasonable […]
When Trying To Effect Service Of Process In Unlawful Detainer Cases What Is “Reasonable Diligence?”
Code of Civil Procedure section 415.45, provides that summons may be served on an unlawful detainer defendant by posting it on the premises, along with notice sent by certified mail to that address, if the court determines that “the party to be served cannot with reasonable diligence be served in any manner specified in this article [i.e., […]
Anti-SLAPP Motion Should Not Have Been Granted.
A landlord served a tenant with a three-day notice to cure or quit, and the tenant brought an action against the landlord requesting declaratory relief and alleging breach of contract and intentional interference with contract. The landlord filed an unlawful detainer action, and with regard to the tenant’s complaint, filed an anti-SLAPP motion under Code of […]
Commercial Lease Does Not Last Forever.
Commercial lease term stated: “Provided that Tenant shall not then be in default hereunder, Tenant shall have the option to extend the Term of this Lease for 5 (FIVE) YEARS additional FIVE year periods upon the same terms and conditions herein contained . . . .” The trial court concluded the commercial lease grants the tenant […]
Superior Court Told To Bow Out Of Retaining Jurisdiction.
The parties had a disagreement about a lease. The superior court retaining jurisdiction after trial “to make further orders, including injunctions, if necessary in the future to effectuate and or enforce the Court’s judgment.” The appellate court reversed that portion of the judgment, stating: “We are concerned with the court retaining jurisdiction for the life of […]
Anti-SLAPP Motion Should Have Been Granted In Registered Sex Offender Case.
The renter/defendant of a house owned by the owner/plaintiff told a potential buyer of the house that a registered sex offender lived immediately across the street from the house. The sale fell through and the owner sued the renter for interfering with the sale. The renter filed an anti-SLAPP motion under Code of Civil Procedure section […]
Grant Of Landlords’ Anti-SLAPP Motion Against Tenant Reversed.
Landlords filed an unlawful detainer action, dismissing it prior to trial purportedly due to the unavailability of an essential witness. The tenant filed an action for nuisance, negligence, and intentional and negligent interference with contract. The trial court granted the landlords’ anti-SLAPP motion because the filing of an unlawful detainer action is a protected activity. […]
Landlord Was Additional Insured, But Only When It Faced Liability Arising Out Of Tenant’s Acts.
A restaurant burned down because of the restaurant’s negligence. There were two insurance policies. The restaurant’s policy listed the landlord as an additional insured, which also had an exclusion for claims between insureds. The landlord had a separate policy and collected under it. The landlord’s insurer brought an action for subrogation against the restaurant owner, […]
Discrimination In Housing.
Defendants, who owned rental dwellings, were sued by the U.S. Justice Department for violation of the Fair Housing Act [42 U.S.C. §3604(a)-(d)] for refusing to rent to non-Korean tenants, refusing to rent to African Americans, refusing to rent to families with children and advertising with a preference for Korean tenants. They tendered the defense of […]
City Ordinance Relating To Clean And Safe Rental Properties.
Petitioner is the owner of residential properties in Santa Cruz. Prompted by findings of substandard, overcrowded and unsanitary residential rental properties, the City of Santa Cruz passed an ordinance calling for annual inspections of all residential rental properties within City limits. Petitioner filed a petition for writ of mandate, arguing the ordinance is preempted by […]