2
The trial court granted the defendants’ motion for summary judgment as to each
cause of action and we affirmed the judgment in an unreported opinion (Banuelos I).2
We held that Banuelos could not state a cause of action under section 798.74 for failure
to approve his tenancy because he had received the mobile home as a gift and therefore
he was not a “purchaser.” Similarly, we held that he could not state a cause of action for
negligence against the defendants because they owed him no duty under section 798.74.
We further held that Banuelos could not state a cause of action for landlord retaliation
under section 1942.5 because there was no landlord-tenant relationship between Banuelos
and the park at the time of the alleged retaliatory actions.
Background: Banuelos II.
In May 2009 a new owner of Park Granada rejected Banuelos’s application for
tenancy. Notwithstanding that rejection, Banuelos tendered monthly space rental checks
to the owner. The owner returned each check. In May 2010, Banuelos sent a check for
$4,200 to the owner’s attorney, accompanied by a letter stating that the check was for
14 months space rent commencing April 2009. The owner’s attorney did not return
this check but deposited it in his client trust account. The following month, however, the
owner filed an unlawful detainer action against Banuelos seeking possession of Space 23.
The case was tried to a jury, which returned a general verdict with special findings in
favor of Banuelos. Banuelos maintains his tenancy commenced in May 2010 when
defendants accepted his rent check.