Levin

Levin v. May CA1/2

Good Law
Court of Appeal of CaliforniaMay 17, 2022A161092California4,084 words

Opinion

Opinion

BACKGROUND

Jackson owned a residence located at 1540 Carleton Street in Berkeley, California. In 2003, Jackson transferred the residence to the Trust. In or around 2005, when she was 90 years old and in poor health, Jackson moved into her daughter Diane May’s home. Jackson’s “condition required around the clock, 24/7 care and attention.” May served as Jackson’s primary caregiver until Jackson died on June 5, 2020, at age 105. A. The Lease In 2013, plaintiffs entered into a written agreement with May to lease 1540 Carleton Street for a two-year term. Plaintiffs provided a $2,500 security deposit and agreed to pay $1,650 per month in rent. Plaintiffs lived at 1540 Carleton Street from July 2013, until May 2019.

1All statutory references are to the Code of Civil Procedure unless otherwise stated. 2 Joshua Levin declared that he and his family were “compelled [to] surrender of the premises” because of “substantial habitability defects” such as water leaks and rodent and insect infestations. May contends that plaintiffs voluntarily vacated the rental because they purchased their own home.

2 May did not return plaintiffs’ security deposit or provide plaintiffs with a written…

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