Bakanauskas

Bakanauskas v. Urdan

Good Law
1988 Cal. App. LEXIS 1172·206 Cal. App. 3d 621·253 Cal. Rptr. 764
Court of Appeal of CaliforniaDecember 14, 1988A039697California3,092 words

Opinion

Opinion

Strankman, J.

Plaintiff and appellant Ruth Bakanauskas vacated her apartment in the City of Berkeley (Berkeley) following the filing of an unlawful detainer action against her. By the instant action, she contends her eviction violated (1) the Berkeley Tenants Rights Amendments Act of 1982 (also known as Measure G, codified at Berkeley Mun. Code, § 13.76.010 et seq. ), which restricts tenant evictions to allow for owner occupancy of rental property, and (2) BMC sections 21.52.070 and 19.60.020, which regulate the conversion of rental property to community apartment projects. The trial court granted summary judgment against appellant on her complaint, from which she appeals. We affirm.

I

Background Facts

From January 1981 through July 1985, respondent Nancy Urdan was the sole owner of a three-unit residential property located on Hearst Avenue in Berkeley (rental property). In July 1985 she entered into a contract to sell a one-half undivided interest in the rental property to respondent Edward McClure. On July 19, 1985, she executed a grant deed conveying the one-half interest to McClure. On that same date, she and McClure entered into a “Tenants in Common Agreement” pursuant to which…

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