6
Trust Co. (2014) 223 Cal.App.4th 261, 275.)
Plaintiff argues the term “successor owner” “clearly refers to an owner who acquired a
property . . . during the tenancy” and succeeded to ownership and assumed the existing lease.
Black’s Law Dictionary defines “Successor” as: “One that succeeds or follows; one who takes
the place that another has left, and sustains the like part or character; . . .” (Black’s Law Dict.
(6th ed. 1990) p. 1431, col. 2, emphasis added.) Notably, the Legislature chose to use the
phrase “successor owner or manager” rather than “successor in interest,” which has a more
restrictive definition—“One who follows another in ownership . . . of property.” (Ibid.) This
seems to suggest that the applicability of subdivision (c) is not dependent on whether a person
or entity succeeds in “ownership” of the subject property, and it supports our conclusion that
the term “successor owner” or “successor . . . manager” is referring to the rights and duties, not
in the property, but rather with respect to the existing lease. (See River Garden Retirement
Home v. Franchise Tax Bd. (2010) 186 Cal.App.4th 922, 954 [“every word and phrase has
significance and was chosen for a purpose”].)
In this case, after plaintiff purchased the subject property, it did not assume the existing
lease and its terms and conditions. Rather, it’s management company, Strategic, executed a
new and separate lease with defendant. Defendant’s tenancy and the rights and obligations of
the parties were, therefore, controlled by this new lease. As a consequence, plaintiff was not
succeeding to the rights and obligations of the prior owners (the Cullums) under the prior rental
agreement.
For purposes of this appeal, we agree with plaintiff that there is an important
distinction to be made between an owner whose identity may not be known following a
sale of the property and an owner (or owner’s manager) whose identity is made known
because a new lease is executed. When an owner, successor owner, manager, or agent fails to
comply with section 1962’s requirements to disclose and keep current specified information,
the tenant, under section 1962.7, is excused from effecting personal service on them, and he is
permitted to effect service of process by mail. There is no other penalty imposed on the owner
for its failure to comply. However, when a successor owner or manager fails to provide the