65282 Two Bunch Palms Building LLC v. Coastal Harvest II, LLC

I.

FACTS AND PROCEDURAL BACKGROUND

In its unlawful detainer complaint, Two Bunch alleged it leased the property to

Coastal Harvest under an oral lease agreement, and that at all times the lease was month-

to-month and capable of being terminated at any time by either party. Two Bunch

alleged that on October 1, 2020, it served Coastal Harvest with a 30-day notice to quit the

2 property by November 2, but Coastal Harvest refused to vacate the property and

remained in its possession. In its answer, Coastal Harvest alleged it could not be evicted

because it was in lawful possession of the property under the presumption of a one-year

tenancy for “agricultural . . . purposes” under Civil Code section 1943 and/or under a

presumption of a one-year holdover tenancy for use of “agricultural lands” pursuant to

Code of Civil Procedure section 1161, subdivision 2.

At trial, Two Bunch introduced evidence that for more than two years the parties

negotiated a written lease of the property and a master service agreement (MSA) “to

enable [Coastal Harvest] to operate a California licensed cannabis cultivation facility at

[Two Bunch’s] premises for the purposes of growing cannabis to…