3
manager).” The notice was served by posting on July 10, 2024 and by mailing on July 11,
2024. The proof of service was attached to the complaint. Plaintiff requested forfeiture of the
agreement and any further relief the court deemed just and proper. In an addendum to the
complaint, plaintiff indicated “no claim to holdover damages [was] part of this UD action” and
that the action only concerned plaintiff obtaining possession of the premises from defendants.
Answer
On September 17, 2024, defendants filed an answer raising general denials and
affirmative defenses. Among the documents attached to the answer was a purported tenant
ledger reflecting that monthly rent of $710 had been “paid and cleared” from January 1, 2021
through April 1, 2024. Beginning May 1, 2024 through September 1, 2024, the ledger reflects
that the rent was paid, but not cashed.
FACTUAL BACKGROUND
Trial
Trial took place on November 7, November 21, and December 23 of 2024.
Plaintiff’s Case
Plaintiff testified as follows. He was the trustee of the De Paolo trust and was charged
with the care of the premises. In November 2020, he hired Rosales as the on-site manager and
she was given Unit 106 as a manager’s unit. The manager’s contract, which was admitted into
evidence as exhibit 1, was executed and signed in person by both De Paolo and Rosales on
December 1, 2020, and took effect the same day. Rosales signed the document in plaintiff’s
presence. The termination letter, dated August 9, 2023, which was entered into evidence as
page one of exhibit 2 stated, in pertinent part, “beginning Friday, August 11, 2023, you will no
longer be the manager of the [premises]. Your duties terminate at 11:59PM, August 10, 2023.
[¶] As per the agreement signed by you, this is your 30 [sic] notice to move from your current
residence at Unit #106.” The second page of exhibit 2 was an email from Rosales dated August
10, 2023, that read, “John and Hilda, [¶] I am in receipt of your wrongful termination letter as
of August 10, 2023, dated August 9, 2023. . . . I consider this retaliation due to reports I have
made against your illegal business practices.”