Eversley

Abco, LLC v. Eversley

Good Law
152 Cal. Rptr. 3d 812·2013 Cal. App. LEXIS 115·213 Cal. App. 4th 1092
Court of Appeal of CaliforniaFebruary 14, 2013No. B239347California2,956 words

Opinion

Lead Opinion

Turner, J.

I. INTRODUCTION

Plaintiff, ABCO, LLC, appeals from a summary judgment entered in favor of defendant, Fred Eversley, on an unlawful detainer complaint. The unlawful detainer complaint was filed after defendant, a tenant, refused to pay rental increases for premises located on Abbot Kinney Boulevard in the City of Los Angeles (the city). Defendant argued plaintiff’s rental increases violated the Rent Stabilization Ordinance of the City of Los Angeles (L.A. Mun. Code, § 151.00 et seq.) 1 (the ordinance) and no exemption for one-family dwellings applied. The trial court ruled plaintiff violated section 151.04, subdivision A by raising defendant’s rent in excess of section 151.07, subdivision A.6. The trial court rejected plaintiff’s contention that the Abbot Kinney Boulevard property was exempt from the ordinance because it was a one-family dwelling within the meaning of section 12.03. We affirm.

II. FACTUAL AND PROCEDURAL HISTORY

On May 27, 2011, plaintiff filed an unlawful detainer complaint against defendant for five largely unpaid monthly rental installments due at $9,900 *1095 per month. The notice to pay rent or quit dated May 9, 2011, sought rent from January 1…

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