Zawadzki

I. BACKGROUND

This case arises out of plaintiff’s tenancy in a building in San Francisco’s Richmond District. In 2004, several years before plaintiff took up residence there, the building’s owner, Nancy Ryti, entered into a site access agreement with Comcast of California III, Inc. (Comcast). The agreement granted Comcast a nonexclusive right to use space and utility connections in the building’s basement for the purpose of providing connectivity to Comcast’s network. Under the agreement, Ryti was to make available to Comcast up to two 20-amp circuits so Comcast could power its equipment. Comcast agreed to reimburse Ryti for the cost of the electrical current used at a rate of $95 per circuit. Comcast also agreed to pay Ryti a $9,800 license fee. Korman is listed as Ryti’s contact for notice. Plaintiff leased an apartment in the building from February 15, 2007 through May 2009. The lease agreement was signed by plaintiff and Ryti, as well as Bob Korman, who is identified as “Landlord.” The lease provides plaintiff “shall be responsible for the payment of utilities and services,” but it makes no mention of the site access agreement with Comcast. Plaintiff testified he did not…