Dli Props. LLC v. Hill

240 Cal. Rptr. 3d 306, 29 Cal. App. Supp. 5th 1
CourtCalifornia Superior Court
DecidedSeptember 17, 2018
DocketNo. BV 032016
StatusPublished
Cited by1 cases

This text of 240 Cal. Rptr. 3d 306 (Dli Props. LLC v. Hill) is published on Counsel Stack Legal Research, covering California Superior Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Dli Props. LLC v. Hill, 240 Cal. Rptr. 3d 306, 29 Cal. App. Supp. 5th 1 (Cal. Super. Ct. 2018).

Opinion

Richardson, J.

*309*4INTRODUCTION

Plaintiff DLI Properties, LLC filed an unlawful detainer action against defendant Cherokee Hill after she failed to pay rent and defaulted on the parties' lease agreement. Defendant raised as an affirmative defense plaintiff's failure to comply with Civil Code section 1962 's1 disclosure requirements. On appeal, defendant contends section 1962, subdivision (c), bars a "successor owner" from instituting eviction proceedings based on nonpayment of rent during the period of statutory noncompliance and, in her case, plaintiff did not make the required disclosures in the rental agreement. We determine that plaintiff was not a successor owner for purposes of subdivision (c) and affirm.

BACKGROUND2

Defendant moved into the subject property in 2011, when she entered into a rental agreement with the owners, Prince E. Cullum, Sr. and Bernice Leola Cullum. The Cullums lost the home to foreclosure, and the property was sold to plaintiff on September 8, 2015.

Plaintiff hired Strategic Property Management, Inc. (Strategic) to manage the property. On the date of the sale, Strategic and defendant executed a new rental agreement for the premises. In the written month-to-month rental agreement, "Strategic Property Management Inc." was listed as "Landlord." Defendant was directed to pay rent to "DLI Properties LLC" at "P.O. Box 1029 Agoura Hills, Ca 91376" (¶ 3). Regarding service of notices, defendant *5was directed to send notices to "Landlord: Strategic Property Management Inc [¶] P.O. Box 1029 [¶] Agoura Hills, Ca 91376" (¶ 36).

At the trial, Olinka Morales testified she was employed by Strategic to manage the property. She identified the rental lease agreement between Strategic and defendant noted above. During cross-examination, Morales stated that Fabiola Mendoza and Beverly Jacobo were also authorized to manage the property. She testified the business address for Strategic was not the post office box address listed in the rental agreement, but rather a street address.

Outside the presence of the jury, defendant moved for nonsuit, claiming the action was barred under section 1962, subdivision (c). Defendant argued section 1962 required the rental agreement to disclose certain information for effecting personal service, and the evidence presented in plaintiff's case-in-chief established lack of compliance. Plaintiff countered that section 1962 did not apply to the circumstances of this case. The court denied the motion.

Defendant testified Strategic became the "new landlord" in September 2015, and *310she had contacts and communications with it concerning habitability issues pertaining to the property. After the parties rested, defendant moved for a directed verdict based on plaintiff's failure to comply with section 1962. As before, plaintiff maintained the statute did not apply because it only implicated "successor owners" and, in this instance, the parties had executed a new lease. The court denied defendant's motion.

The jury returned a verdict in favor of plaintiff, finding plaintiff served a valid three-day notice and did not breach the warranty of habitability. Thereafter, defendant moved for judgment notwithstanding the verdict (JNOV), once again arguing plaintiff had not complied with section 1962. The trial court denied the motion, stating, "The court finds that the owner, plaintiff, through its management agent complied with the Code under 1962 for purposes of notice."

DISCUSSION

Defendant contends the court should have granted a nonsuit or issued a directed verdict in her favor, and the court erred in denying her JNOV motion. ( Code Civ. Proc., §§ 581c, 630, 629.)3

*6Motions for Nonsuit, Directed Verdict, and Judgment Notwithstanding the Verdict

"While made at different times, the three motions are analytically the same and governed by the same rules. [Citation.] The function of these motions is to prevent the moving defendant from the necessity of undergoing any further exposure to legal liability when there is insufficient evidence for an adverse verdict. [Citation.] Put another way, the purpose of motions for nonsuit, directed verdicts and jnovs is to allow a party to prevail as a matter of law where the relevant evidence is already in." ( Fountain Valley Chateau Blanc Homeowner's Assn. v. Dept. of Veterans Affairs (1998) 67 Cal.App.4th 743, 750, 79 Cal.Rptr.2d 248, italics omitted.)

A trial court may grant these motions "only if it appears from the evidence, viewed in the light most favorable to the party securing the verdict, that there is no substantial evidence to support it. [Citation.]" ( Gonzales v. City of Atwater (2016) 6 Cal.App.5th 929, 946, 212 Cal.Rptr.3d 137 ; Adams v. City of Fremont , supra , 68 Cal.App.4th at p. 262, 80 Cal.Rptr.2d 196.) In reviewing the denial of these motions, the appellate court, like the trial court, must evaluate the evidence in the light most favorable to the plaintiff. ( Id. at p. 263, 80 Cal.Rptr.2d 196.) Where, as here, the motions "raise[ ] legal issues, such as the application of law to undisputed facts or the interpretation of a statute, we review the trial court's ruling 'under a de novo standard of review.' [Citations.]" ( Gonzales v. City of Atwater , supra , 6 Cal.App.5th at pp. 946-947, 212 Cal.Rptr.3d 137.)

Statutory Interpretation

We are tasked to determine whether the rental agreement at issue conformed to the requirements of section 1962, subdivision (a), and whether subdivision (c)'s prohibition applied to plaintiff. This appeal then involves resolving questions of law based on undisputed facts, and we review the trial court's ruling de novo. ( Krechuniak v. Noorzoy (2017) 11 Cal.App.5th 713, 723, 217 Cal.Rptr.3d 740.)

In construing section 1962, we must " ' " ' "ascertain the intent of the lawmakers *311so as to effectuate the purpose of the statute." ' " ' " ( De Vries v.

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Cite This Page — Counsel Stack

Bluebook (online)
240 Cal. Rptr. 3d 306, 29 Cal. App. Supp. 5th 1, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dli-props-llc-v-hill-calsuperct-2018.