Coyne

Coyne v. De Leo

Caution
237 Cal. Rptr. 3d 359·26 Cal. App. 5th 801
Court of Appeal of CaliforniaJuly 30, 2018A149660California10,118 words

Opinion

lead Opinion

Bruiniers, J.

In this unlawful detainer action filed under the Ellis Act ( Gov. Code, § 7060 et seq. ), defendant Diego De Leo appeals from a judgment of possession entered in favor of his landlord, Martin J. Coyne. De Leo argues, inter alia, the trial court committed prejudicial error in its exclusion of evidence. We agree the trial court abused its discretion in excluding the evidence and reverse.

*363 I. LEGAL BACKGROUND

The Ellis Act sets forth the procedure by which a landlord may go out of business by removing all of his or her rental units in a building from the market. ( Drouet v. Superior Court (2003) 31 Cal.4th 583 , 589-590, 3 Cal.Rptr.3d 205 , 73 P.3d 1185 ( Drouet ).) "The Ellis Act ... provides that no statute, ordinance, regulation, or administrative action 'shall ... compel the owner of any residential real property to offer, or to continue to offer, accommodations in the property for rent or lease.' ( Gov. Code, § 7060, subd. (a).) ... If necessary, the landlord may institute an action for unlawful detainer to evict the tenants and recover possession of the property. ( Gov. Code, § 7060.6.)" ( Drouet , at p. 587, 3 Cal.Rptr.3d 205 , 73 P.3d 1185 .) "The right articulated in…

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