Justia California Court of Appeals Opinion Summaries

A commercial landlord who leases space to an operator of a health studio does not owe a duty under Health and Safety Code section 104113 or the common law to acquire and maintain an automated external defibrillator (AED) at the space or ensure that the operator does so. The Court of Appeal affirmed the trial court's grant of summary judgment for defendants in an action alleging negligence per se and negligence based on defendants' failure to maintain an AED on the premises of a boxing club. The court considered the Rowland v. Christian, (1968) 69 Cal.2d 108, factors and held that defendant did not owe a duty to the gym's patrons to provide an AED on the premises nor a duty to require as a condition of the lease that the gym provide an AED on the premises. View "Day v. Lupo Vine Street, LP" on Justia Law

HomeAway, an online forum that allows owners to list their properties for short-term rentals and connect with individuals who want to rent a house or apartment, rather than stay in a hotel, is not a party to those rental transactions. San Francisco requires owners who rent out property to obtain a registration certificate from the treasurer; short-term renters must pay a transient occupancy tax. A recent report on short-term rentals in San Francisco showed that most owners did not comply with those requirements. San Francisco obtained a court to enforce an administrative subpoena, requiring HomeAway.com to disclose data about San Francisco rental transactions. The court of appeal affirmed the order, rejecting arguments that the subpoena violated the Stored Communications Act, 18 U.S.C. 2701–2712, which regulates the government’s ability to compel disclosure of some electronic data stored on the Internet, and that enforcing the subpoena would violate its customers’ constitutional rights. Even if HomeAway is “covered” by the Act, there is no violation because San Francisco used an authorized procedure. In addition, the subpoena does not require HomeAway to disclose electronic communications but seeks very specific information about hosts who use HomeAway to offer to rent property and about bookings. It does not command HomeAway to produce any customer's electronic communication or login information. View "City and County of San Francisco v. HomeAway.com, Inc." on Justia Law

HomeAway, an online forum that allows owners to list their properties for short-term rentals and connect with individuals who want to rent a house or apartment, rather than stay in a hotel, is not a party to those rental transactions. San Francisco requires owners who rent out property to obtain a registration certificate from the treasurer; short-term renters must pay a transient occupancy tax. A recent report on short-term rentals in San Francisco showed that most owners did not comply with those requirements. San Francisco obtained a court to enforce an administrative subpoena, requiring HomeAway.com to disclose data about San Francisco rental transactions. The court of appeal affirmed the order, rejecting arguments that the subpoena violated the Stored Communications Act, 18 U.S.C. 2701–2712, which regulates the government’s ability to compel disclosure of some electronic data stored on the Internet, and that enforcing the subpoena would violate its customers’ constitutional rights. Even if HomeAway is “covered” by the Act, there is no violation because San Francisco used an authorized procedure. In addition, the subpoena does not require HomeAway to disclose electronic communications but seeks very specific information about hosts who use HomeAway to offer to rent property and about bookings. It does not command HomeAway to produce any customer's electronic communication or login information. View "City and County of San Francisco v. HomeAway.com, Inc." on Justia Law

Plaintiffs filed suit against their landlord for alleged negligence after a fire in an upstairs apartment caused injuries to several tenants. The Court of Appeal affirmed the trial court's grant of summary judgment for the landlord, holding that defendant met his initial burden of presenting prima facie evidence that plaintiffs would not be able to establish the element of causation. The court also held that plaintiffs' reference to the discrepancy in the declaration of an expert fire investigator without evidence to establish the significance thereof on the issue of causation, was insufficient to create a triable issue of material fact; plaintiffs never properly alleged a cause of action based on a failure to warn theory; potential inferences that arguably arose under the evidence offered by defendant were not sufficient to create a triable issue of fact; and plaintiffs' 11th-hour spoliation claim was properly disregarded by the trial court under the circumstances. View "Leyva v. Garcia" on Justia Law

In 2016, San Francisco barred no-fault evictions (for owner move-in, condominium conversion, permanent removal of the unit from housing use, capital improvements, or substantial rehabilitation) of families with children and educators during the school year. The trial court concluded state law preempted this ordinance. The court of appeal reversed. The purpose of the unlawful detainer statutes is procedural; they implement the landlord’s property rights by permitting him to recover possession once the consensual basis for the tenant’s occupancy ends. The ordinance is a limitation upon the landlord’s property rights under the police power, giving rise to a substantive ground of defense in unlawful detainer proceedings. The ordinance does not specify an amount of notice required to terminate a tenancy but only establishes a permissible substantive defense to eviction that (like some other substantive defenses to eviction) impacts when landlords may evict. It regulates in an area within the municipality’s police powers and does not conflict with a state statute, its incidental impact on the timing of landlord-tenant relations does not alone render it preempted. View "San Francisco Apartment Association. v. City and County of San Francisco" on Justia Law

In 2016, San Francisco barred no-fault evictions (for owner move-in, condominium conversion, permanent removal of the unit from housing use, capital improvements, or substantial rehabilitation) of families with children and educators during the school year. The trial court concluded state law preempted this ordinance. The court of appeal reversed. The purpose of the unlawful detainer statutes is procedural; they implement the landlord’s property rights by permitting him to recover possession once the consensual basis for the tenant’s occupancy ends. The ordinance is a limitation upon the landlord’s property rights under the police power, giving rise to a substantive ground of defense in unlawful detainer proceedings. The ordinance does not specify an amount of notice required to terminate a tenancy but only establishes a permissible substantive defense to eviction that (like some other substantive defenses to eviction) impacts when landlords may evict. It regulates in an area within the municipality’s police powers and does not conflict with a state statute, its incidental impact on the timing of landlord-tenant relations does not alone render it preempted. View "San Francisco Apartment Association. v. City and County of San Francisco" on Justia Law

Tenant leased a two-unit San Francisco commercial building and sublet one unit to Peng. Peng later secured a $46.545 judgment against Tenant with an award of attorney fees of $47,800. Peng collected $46,500 in partial satisfaction. While trying to collect the judgment, Peng learned that the owner and Tenant had terminated the master lease. In 2009, a new tenant continued the same business that had been conducted by Tenant. Peng claimed the change was a fraudulent conveyance to prevent her from collecting the judgment through a setoff of rent. Peng remained in possession of the premises without paying rent and, by operation of law, became a tenant at the rental rate of $4,725 per month. The owner served Peng with a notice of change in terms of tenancy. Peng paid rent in March and April 2011 then became delinquent. The owner was awarded summary judgment, directing Peng to pay $4,725 in back-due rent plus attorney fees. The owner then filed a breach of contract suit, seeking back-due rent for 2009-2011. Peng filed a cross-complaint and counterclaim. The court of appeal held the owner was not precluded from pursuing a separate civil action for back-due rent that accrued in months other than the month for which damages were awarded in the unlawful detainer action and modified the attorney fee award. View "Hong Sang Market, Inc. v. Peng" on Justia Law

Burkhalter Kessler Clement & George LLP (Burkhalter) subleased a portion of its office space to the Eclipse Group LLP (Eclipse). The sublease contract had a provision for an award of reasonable attorney fees to the prevailing party in the event of a lawsuit. Burkhalter later filed a complaint against Eclipse alleging breach of contract; Burkhalter also named Jennifer Hamilton, a managing partner of Eclipse, as an alter ego defendant. The two defendants were jointly represented by Avyno Law P.C. (Avyno). Burkhalter prevailed against Eclipse on the breach of contract claim; Hamilton prevailed against Burkhalter on the alter ego theory (she was dismissed with prejudice). The trial court granted Burkhalter’s motion for its attorney fees, but denied Hamilton’s motion for her attorney fees. There was no explanation for the court’s denial. Hamilton appealed, and the Court of Appeal reversed: here, both Burkhalter and Hamilton were prevailing parties on the contract. On remand, the trial court was directed to award Hamilton reasonable attorney fees that were incurred by Avyno solely in her defense, subject to the court’s sound discretion. View "Burkhalter Kessler Clement & George, LLP v. Hamilton" on Justia Law

Sayta leased a bedroom in a San Francisco apartment; renewal was on a month-to-month basis after August 2013. In 2013-2015, disputes between Sayta and the landlords were taken to the superior court and San Francisco Rent Board. In 2015, Sayta filed contract and tort claims. The landlords cross-complained. A Settlement Agreement included a mutual release, dismissal, withdrawal of pending rent board petitions, termination of Sayta’s tenancy, waiver of unpaid rent, and return of Sayta’s security deposit. The Agreement stated that it “shall remain confidential” and provided for liquidated damages of $15,000 and for summary enforcement (Code of Civil Procedure 664.6). Months later, Sayta claimed he had received only a partial refund and the landlords “had placed [the Agreement] . . . on the public record,” potential landlords had access to the Agreement, and Sayta had been denied housing as a result. The landlords acknowledged providing the Board a copy of the Agreement in response to the Board’s request concerning an earlier-filed proceeding that Sayta had not dismissed. The court of appeal held that, because the parties failed to request, before dismissal, that the trial court retain jurisdiction to enforce the settlement, or seek to set aside the dismissals, the court lacked jurisdiction to entertain Sayta's motion. View "Sayta v. Chu" on Justia Law

The Court of Appeal affirmed the trial court's finding that defendant violated her settlement agreement with the City and permanently enjoining her from terminating tenancies at 1263–1267-1/2 North Crescent Heights Boulevard in West Hollywood. However, the court reversed the trial court's imposition of a permanent injunction because the injunction in its current state was unenforceable. In this case, defendant offered units 1265-1/2, 1265-3/4 and 1267 for rent within 10 years of their withdrawal. Consequently, defendant must offer the previously withdrawn units for rent or lease to the displaced tenants. However, defendant does not have to offer the units at their previous rental rates. The court explained that, after remand and upon motion, the trial court should exercise its discretion and determine once again which party is entitled to recover attorney fees. View "City of West Hollywood v. Kihagi" on Justia Law