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
Original Source: https://www.courtlistener.com/opinion/4380722/danger-panda-llc-v-launiu/ ↗

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the total relocation payment shall be $13,500.00, which shall be divided equally by the
number of tenants in the unit.‖ (Rent Ordinance, § 37.9A(e)(3)(B).) Tenants over the
age of 62 or who are disabled ―shall be entitled to receive an additional payment of
$3,000, $1,500.00 of which shall be paid within fifteen (15) calendar days of the
landlord‘s receipt of written notice from the tenant of entitlement to the relocation
payment, and $1,500 of which shall be paid when the tenant vacates the unit.‖ (Rent
Ordinance, § 37.9A(e)(3)(C).) The amounts of the relocation payments specified in these
provisions are adjusted annually to comport with the ―Consumer Price Index (CPI) for
All Urban Consumers in the San Francisco-Oakland-San Jose Region for the preceding
calendar year.‖ (Rent Ordinance, § 37.9A(e)(3)(D).)6
               III. FACTUAL AND PROCEDURAL BACKGROUND
       A. The Complaint
       In April 2015, plaintiff filed a wrongful detainer complaint against defendants in
which it alleged the following facts:
       Plaintiff owns a building on Bartlett Street which includes ―Unit 308A,‖ a
residential unit. Defendants and Donn and Olga‘s minor son David occupy Unit 308A
pursuant to a 1971 rental agreement between Nancy and plaintiff‘s predecessor-in-
interest. On March 26, 2014, plaintiff served defendants and David with a ―Notice of
Termination of Tenancy‖ advising them of plaintiff‘s intention to withdraw the Bartlett
building from residential rental use under the Ellis Act and section 37.9(a)(13) of the
Rent Ordinance. Plaintiff also sent each defendant a check for $2,632.55, which was
characterized as the first half of their ―statutorily required relocation assistance‖

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