Leverett
Long Beach Brethren Manor. Inc. v. Leverett
Opinion
Opinion
I. INTRODUCTION
Plaintiff and appellant Long Beach Brethren Manor, Inc. appeals the judgment in its unlawful detainer action in favor of defendant and respondent Charles Leverett. Plaintiff contends the judgment should be reversed because the trial court erred in granting defendant‟s motion for summary judgment. As discussed below, we affirm. We agree with defendant there was no triable issue of fact regarding plaintiff failing to give defendant 30 days‟ notice to quit, as required by the parties‟ rental agreement.
II. FACTUAL AND PROCEDURAL BACKGROUND
Plaintiff filed its action on August 11, 2014, alleging defendant was a tenant at a residence it owned, and that he failed to vacate the property after being given a 10-day notice to quit. The attached notice indicated it was served on defendant on July 29, 2014, based on an “incurable breach” of the United States Department of Housing and Urban Development (HUD) rental agreement, which required defendant “to refrain from disturbing the rights and comforts of other tenants.” The notice indicated defendant breached this portion of the agreement by hitting another tenant on the shoulder three times and screaming at him, and by…