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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Danger Panda, LLC v. Launiu, 10 Cal. App. 5th 502 (2017)

Citation
Danger Panda, LLC v. Launiu, 10 Cal. App. 5th 502 (2017)
Parent Document
Danger Panda, LLC v. Launiu, 10 Cal. App. 5th 502 (2017)
Jurisdiction
California (state)
Effective Date
2017-04-04

Other Sections in This Document (44)

Full Text

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I. INTRODUCTION
        Danger Panda, LLC (plaintiff) filed this unlawful detainer action against Nancy
Launiu, Nancy‘s adult son Donn, and Donn‘s wife Olga (collectively, defendants).1
Plaintiff alleged the defendants have refused to vacate a unit in a building that plaintiff
withdrew from residential rental use pursuant the Ellis Act. (Gov. Code, § 7060 et seq.)
The trial court granted defendants‘ motion to quash the unlawful detainer complaint,
finding that plaintiff failed to tender a relocation payment to Donn and Olga‘s minor son
David, as required by section 37.9A, subdivision (e) (section 37.9A(e)) of the San
Francisco Residential Rent Stabilization and Arbitration Ordinance, San Francisco
Administrative Code, chapter 37 (the Rent Ordinance).2
        The appellate division of the superior court affirmed the trial court‘s order, but
then certified the matter for transfer to the Court of Appeal to settle the following
question of law: ―whether a minor displaced by an Ellis Act eviction is a ‗tenant‘ under
the San Francisco Rent Ordinance and, therefore, entitled to a relocation payment