707 East Ocean Blvd. LP v. Rogers CA2/8

BACKGROUND

We draw the following background information from the limited record defendant provided on appeal. The record consists of a clerk’s transcript containing only a portion of the trial record. From the clerk’s transcript, we discern that the oral proceedings before the trial court were not transcribed. There is no settled statement of the trial proceedings. We have very little information in the record before us about what happened at trial. Defendant rented a housing unit from plaintiff 707 East Ocean Boulevard LP. Plaintiff discovered defendant was using the unit as a short-term rental. Plaintiff gave defendant a three-day notice to quit pursuant to Code of Civil Procedure section 1161, subdivision 4. Among other things, the notice stated defendant’s use of the unit was unlawful because plaintiff had not registered his short-term rental as required by section 5.77.030 of the Long Beach Municipal Code. Defendant refused to quit and plaintiff sued. The matter proceeded to a jury trial. A special verdict form was prepared. It is unclear from the record who prepared it. The minute order states that “[o]utside the presence of the jury, verdict form is discussed.” Since there…