Boyd v. Carter (2014)

2
 3
 4                                  SUPERIOR COURT OF CALIFORNIA
 5                                        COUNTY OF SANTA CLARA
 6                                           APPELLATE DIVISION
 7
 8    MICHAEL BOYD,                                               Case No. 1-13-AP-001561
 9                      Plaintiff and Respondent,                 Trial Ct. No. 1-13-CV-239215
10      v.
11    BARBARA CARTER et al.,                                      OPINION
12                      Defendants and Appellants.
13
14           THE COURT.
15           Defendants and appellants Barbara Carter and Lonnell Carter appeal from the February
16   11, 2013 unlawful detainer judgment against them. The judgment, entered after a court trial,
17   restored possession of the residential premises to plaintiff and respondent Michael Boyd and
18   awarded him damages in the amount of $1,913.07, representing rent and other damages,
19   attorney fees, and costs. Because the trial court did not consider the Carters‟ breach-of-
20   warranty-of-habitability and retaliatory-eviction defenses and the undisputed fact that the
21   Carters had paid in full the amount of rent alleged by the complaint to be due, we reverse the
22   judgment.
23                                         STATEMENT OF THE CASE1
24           Boyd, as landlord, entered into a written month-to-month rental agreement with the
25   Carters as tenants. The rental property was located at 1090 Lakebird Place in Sunnyvale,
26
27           
                 Bonini, P. J., Folan, J., and Williams, J.
28           1
              We take the facts from the verified pleadings and attachments and the reporter‟s
     transcript from the court trial.