Stooksberry

BACKGROUND

1. Complaint On September 24, 2021, Stooksberry filed a complaint against El Rovia. In the general allegations preceding the causes of action, the complaint alleged El Rovia had violated Penal Code section 396, subdivision (e) by raising Stooksberry’s rent by more than 10 percent during a state of emergency declared by the Governor. The complaint further alleged El Rovia had imposed fees for late payment of rent in violation of Civil Code section 798.31, a provision of the MRL. The first cause of action asserted claims under Penal Code section 396, subdivision (e) and the UCL for the allegedly unlawful rent increases. The second cause of action also asserted violations of the UCL, reiterating the allegedly illegal rent increase under the first cause of action and adding the allegedly illegal imposition of late fees. Stooksberry did not reference Civil Code section 798.31 under this particular cause of action. Stooksberry alleged entitlement to attorney fees under Code of Civil Procedure section 1021.5 and Civil Code section 798.85. The third cause of action alleged violation of the MRL, and specifically section 798.31, again based on the allegedly illegal imposition…