Strata Pasadena Shops v. Joo CA2/4

INTRODUCTION

This consolidated appeal arises from an unlawful detainer action filed by Strata Pasadena Shops, LLC (Strata), against Byung Sul Joo. The trial court granted summary judgment in Joo’s favor, finding the notice to pay rent or quit served upon Joo invalid based on its failure to afford him the full three-day period to respond, as required under Code of Civil Procedure1 section 1161, subdivision 2. The trial court also found Joo to be the prevailing party in the action and granted his motion for attorneys’ fees. On appeal, Strata argues: (1) the notice to pay rent or quit was valid because it complied with section 1161, subdivision 2’s content requirements; and (2) alternatively, any defect in the notice was harmless, as Strata did not file its operative complaint until six calendar days after serving the notice on Joo and thus in fact provided Joo the time to pay rent or quit required by law. Therefore, Strata contends, the trial court erred in granting Joo’s motion for summary judgment and finding Joo to be a prevailing party entitled to attorneys’ fees. As discussed below, we disagree, and affirm.

BACKGROUND2

On February 1, 2020, Strata entered into a 10-year…