Thannhaeuser

BACKGROUND

Thannhaeuser rented a residential property in Malibu from Zuma for $13,000 per month pursuant to a written lease agreement. The term of the initial lease was from December 15, 2014 to December 15, 2015. At that time, Theodore Phelps managed the Malibu property as a court-appointed receiver for Zuma and the property. Thannhaeuser paid a $26,000 security deposit.

Undesignated statutory references are to the Civil Code. Thannhaeuser has filed a request for judicial notice of 13 documents. We grant the request as to Exhibits 1, 2, and 10 only. Exhibits 1 and 2 are pleadings which confirm the dates of the receivership for Zuma. Exhibit 10 is a document filed by Zuma in small claims court after Zuma sought a continuance in this court on the ground of lack of capacity. The dates of the remaining exhibits render them irrelevant to any issue on appeal.

2 According to Thannhaeuser and his real estate agent Dennis Beesley, the property was not in move-in condition when Thannhaeuser took possession. Thannhaeuser described “garbage everywhere. . . . It was very, very dirty.” “There was some damage to the walls. A few things were broken.” Thannhaeuser hired a company to…