Bisno v. DOUGLAS EMMETT REALTY FUND 1988, 174 Cal. App. 4th 1534 (2009)

Citation: Bisno v. DOUGLAS EMMETT REALTY FUND 1988, 174 Cal. App. 4th 1534 (2009)
Parent Document: Bisno v. DOUGLAS EMMETT REALTY FUND 1988, 174 Cal. App. 4th 1534 (2009)
Jurisdiction: California (state)
Effective Date: 2009-06-19
Original Source: https://www.courtlistener.com/opinion/2267097/bisno-v-douglas-emmett-realty-f... ↗

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However, even if the only document reviewed by Mordoh apart from the lease was the hearing officer’s report, we alternatively conclude that the information contained in that report satisfied Emmett’s duty of disclosure for purposes of the advice-of-counsel defense. The report sets forth in great detail the testimony of the parties and their witnesses, including a description of various documents that were introduced in evidence. Among these were the January 24, 2002 key release that listed both Bisno and Jeanette as authorizing permanent access for an Esperanza Shearer, along with Boge’s statement that only a tenant could authorize such a release; and Boge’s testimony acknowledging the August 30, 2001 letter about leaking auto fluids that was addressed to both Bisno and Jeanette. As for the two February 2003 letters from Bisno concerning Jeanette’s intention to move in, the report cites Hotch’s testimony that during a February 2003 meeting, Bisno might have mentioned that his wife was planning to move in. Therefore, of the five documents mentioned by Bisno in his appellate brief, the only one apparently not referenced during the rent control hearing was the March 2003 key release for delivery of a dishwasher that was signed by only Jeanette. Not only was this cumulative to the evidentiary effect of the other key release, the report mentions another letter that was helpful to Bisno’s case—an April 2000 letter from him to Emmett stating that he and Jeanette sought permission to do certain work in their

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