Breckenridge Property Fund 2016 v. Sperlein CA4/1

INTRODUCTION

This is an appeal and cross-appeal of a judgment entered after a bench trial. Breckenridge Property Fund 2016 LLC (Breckenridge) sued Melissa Sperlein (aka Melissa Stoutenburg), Gerald Stoutenburg, and Margo

Stoutenburg (collectively, defendants) under Code of Civil Procedure1 section 1161a, alleging they failed to timely vacate a property that Breckenridge

purchased at a nonjudicial foreclosure sale.2 The defendants cross- complained on various theories, including that they were entitled to restitution for being forced to vacate the property before the expiration of a lease formed before the foreclosure sale. On appeal, Breckenridge contends the trial court erred by declining to hold Gerald or Margo liable for unlawful detainer damages. We reject these contentions. In her cross-appeal, Melissa contends the trial court erred when it concluded she failed to prove the existence of the lease that was the basis for her claimed right to continue occupying the property. We agree with Melissa

Further unspecified statutory references are to the Code of Civil Procedure.

At all times in this case, Breckenridge has been represented by counsel, whereas defendants…