Aguirre

Aguirre v. Lee

Good Law
1993 Cal. App. LEXIS 1252·20 Cal. App. 4th 1646·25 Cal. Rptr. 2d 367·93 Daily Journal DAR 15938·93 Cal. Daily Op. Serv. 9297
Court of Appeal of CaliforniaDecember 15, 1993A059840California2,527 words

Opinion

Opinion

Reardon, J.

After a jury verdict in her favor on her action for violation of San Francisco’s Residential Rent Stabilization and Arbitration Ordinance (Ordinance) (S.F. Admin. Code, ch. 37), respondent Irma Aguirre was awarded $75,000 from Tony and Shaw Lee. The Lees appeal, contending that (1) section 12.19 of the Rules and Regulations (Regulations, section 12.19) of San Francisco’s Residential Rent Stabilization and Arbitration Board is invalid as a matter of law; (2) Aguirre’s action is barred by the statute of limitations; (3) the building containing Aguirre’s rental unit is exempt from the Ordinance because it underwent substantial rehabilitation after the Ordinance became effective; and (4) the Loma Prieta earthquake’s destruction of Aguirre’s rental unit terminated her tenancy. We affirm the judgment.

I. Facts

In 1983, respondent Irma Aguirre leased residential property on Moss Street in San Francisco. On October 17, 1989, the Loma Prieta earthquake temporarily displaced her from this unit while repairs were made. The premises were not destroyed and neither Aguirre nor the property owners terminated the leasehold.

In February 1990, appellants Tony and Shaw Lee purchased this…

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