Baca

Filed 2/10/25 (unmodified opinion attached)

CERTIFIED FOR PARTIAL PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION FIVE

LAURA READ BACA,

Plaintiff and Respondent, A171071

v. (Alameda County Super. Ct. No. 23CV027202)

YONGHE KUANG,

Defendant and Appellant. ORDER MODIFYING

OPINION AND ORDER

DENYING REHEARING

[NO CHANGE IN

JUDGMENT]

BY THE COURT:

The opinion filed January 13, 2025 is modified as follows: (1) After the last full paragraph on page 11, add the following sentence to this paragraph:

And by accepting this rent, Baca impliedly consented to a holdover tenancy by Kuang. (Hart, supra, 175 Cal.App. 3d at p. 95 [section 1945 “provides the landlord’s consent to the holding over is implied if he accepts rent from the tenant after the expiration of the lease”].)

(2) In the first paragraph on page 16, delete the last three sentences, which read:

Baca’s unlawful detainer complaint, however, requested holdover damages based on the fair rental value of the premises starting on February 1, 2023. And Baca did, in fact, ask for and recover…