Alonso

Filed 11/4/

CERTIFIED FOR PUBLICATION

APPELLATE DIVISION OF THE SUPERIOR COURT

STATE OF CALIFORNIA, COUNTY OF LOS ANGELES

) 24APLC00422

GUADALUPE ALONSO, )

) (Norwalk Trial Court Plaintiff and Respondent, ) No. 24NWUD01514) ) v. ) )

CARMEN HERRERA, ) OPINION

) Defendant and Appellant. ) ) APPEAL from a judgment of the Superior Court of Los Angeles County, Julian C. Recana, Judge. Reversed. Inner City Law Center and Kaimipono D. Wenger for Defendant and Appellant. Law Office of Allen R. King and Allen R. King for Plaintiff and Respondent.

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1 Plaintiff Guadalupe Alonso prevailed on summary judgment in an unlawful detainer action brought on the ground that defendant Carmen Herrera failed to pay rent, but the case was adjudicated in plaintiff’s favor on the basis that the garage was purportedly being used as an unpermitted dwelling unit without a certificate of occupancy. We hold that absent an amendment to the complaint, summary judgment was not available to plaintiff on a ground that…