2710 Sutter Ventures, LLC v. Millis (2022)

Citation: 2710 Sutter Ventures, LLC v. Millis (2022)
Parent Document: 2710 Sutter Ventures, LLC v. Millis (2022)
Jurisdiction: California (state)
Effective Date: 2022-08-31
Original Source: https://www.courtlistener.com/opinion/7861646/2710-sutter-ventures-llc-v-millis/ ↗

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defendants occupied the premises, and, as to them, the notice was absolutely,
and literally, accurate.
      Moreover, the statements in the notice were directed to “you,” the
recipients of the notice, as to whom they were accurate. Other than with
respect to the possibility of multiple tenants, the notice did not purport to
advise the defendants of the rights of others. There is obviously no reason for
the notice to have done so, and the notice could not reasonably have been
understood to do so.
      Nor is there any requirement that the notice do so. Section 37.9A,
which imposes the applicable requirement, provides, “Any notice to quit
pursuant to Section 37.9(a)(13) shall notify the tenant or tenants concerned of
the right to receive payment under Subsections 37.9A(e)(1) or (2) or (3) and
the amount of payment which the landlord believes to be due.” The majority
opinion’s implication that this provision requires the notice to state “the right
to receive payment” of persons other than the person being evicted is
unfounded and non-sensical. The provision necessarily refers only to the
rights of the recipient of the notice because the “amount of payment which
the landlord believes to be due” can only be the payment that is believed due
to that tenant. The landlord obviously is not required to advise a tenant who
is being evicted what rights other hypothetical occupants would have if they
were being evicted.
      Thus, the notice defendants received was in full, or “strict,” compliance
with the statute and the Rent Ordinance. Moreover, even if the reference to
“tenant” rather than “Eligible Tenant” were considered to negate “strict”
compliance, there unquestionably was substantial compliance sufficient to
overcome any objection to the form of the notice. “ ‘Substantial compliance, as
the phrase is used in the decisions, means actual compliance in respect to the

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