Garber
Garber v. Levit
Opinion
Opinion
THE COURT. [*]
Appellant and landlord Leslie A. Garber appeals from the trial court's ruling granting respondent and tenant Julianne Jones Levit's motion to quash service of summons. The underlying residential unlawful detainer action is based on a notice to terminate tenancy under San Francisco Administrative Code chapter 37 (Rent Ordinance), section 37.9 subdivision (a)(8), also known as the "owner-move-in" provision. Appellant contends the trial court erred in granting the motion to quash and holding that section 37.9 subdivision (a)(8) (hereafter section 37.9(a)(8)), as amended by the 1998 Bierman Amendment, requires certain property owners to possess a 50 percent ownership interest in a subject property before evicting a tenant under the owner-move-in provision. Appellant claims that section 37.9(a)(8), as amended by Proposition G (also enacted in 1998), only requires landlords to own a 25 percent ownership interest in a subject property before evicting a tenant under the owner-move-in provision. We find the provisions in Proposition G superseded the Bierman Amendment and reverse the trial court's ruling granting Respondent's motion to quash.