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/ ↗

Full Text

1,842 chars

18
the fact that section 37.2(t) states that a tenant can acquire the right to exclusive position
by means of an oral agreement. Furthermore, Cobb is factually and legally inapposite. In
that case, Richard Passalacqua was an adult when he went to live with his mother in a
San Francisco apartment she rented. The landlord did not give his permission but knew
that Passalacqua was living in the unit. Almost two years later, in May 1998,
Passalacqua‘s mother moved out of the apartment and the landlord accepted rent directly
from Passalacqua for more than a year, and during that period he even negotiated a rent
increase directly with Passalacqua. The Cobb court found these facts substantially
supported a finding by the Rent Board that the landlord accepted Passalacqua as his sole
tenant as of June 1998. (Cobb, at p. 352.) Defendants fail to explain how Cobb supports
their contention that all lawful occupants of a rental unit qualify as tenants under section
37.2(t). Indeed, they do not identify any authority supportive of this broad claim.13
2. A Minor’s Occupancy Pursuant to a Written Lease
Insisting that a ―tenant‘s child may be a tenant protected under the Rent
Ordinance,‖ defendants direct our attention to Mosser Companies v. San Francisco Rent
Stabilization & Arbitration Bd. (2015) 233 Cal.App.4th 505 (Mosser Companies) and T
& A Drolapas & Sons, LP v. San Francisco Residential Rent Stabilization & Arbitration
Bd. (2015) 238 Cal.App.4th 646 (Drolapas).
Mosser Companies, supra, 233 Cal.App.4th 505, was a dispute regarding a rent
increase at a San Francisco apartment. In 2003, the Govender family moved into the
apartment pursuant to a written lease agreement. Although Mr. and Mrs. Govender were
the only ―tenants‖ identified in the lease, it was undisputed that the landlord approved the

Other Sections in This Document (44)

Full Text