DeZerega v. Meggs, 99 Cal. Rptr. 2d 366 (2000)

Citation: DeZerega v. Meggs, 99 Cal. Rptr. 2d 366 (2000)
Parent Document: DeZerega v. Meggs, 99 Cal. Rptr. 2d 366 (2000)
Jurisdiction: California (state)
Effective Date: 2000-09-14
Original Source: https://www.courtlistener.com/opinion/2251161/dezerega-v-meggs/ ↗

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A more difficult question arises from the trial court’s granting of defendant’s motion for summary judgment. As we read the court’s thorough and careful opinion, its ruling rested on two independent grounds. First it concluded in essence that the dealings between and among plaintiffs, the named lessees, and defendant were such as to make defendant a tenant of plaintiffs, rather than a subtenant of the named lessees and a stranger to plaintiffs’ estate. Second, the court concluded that even if defendant were viewed as a subtenant under common law, he was entitled to the protections against eviction without cause set forth in the Berkeley Rent Stabilization and Eviction for Good Cause Ordinance No. 5467-N.S., as amended (hereafter the Ordinance). Although we are uncertain that the first ground is established by this record as a matter of law—as it would have to be to justify summary judgment—we have concluded that the second ground is conclusively established by the evidence of record, such that defendant was entitled to summary judgment.

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