Judge Lynne M. Hobbs, Case 22IWUD01833 2022-12-09 Tentative Ruling

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Court has set the matter for a judgment on the pleading based on the court's motion, pursuant to CCP 438(c)(3)(B)(i). The Court's tentative is to grant the motion in favor of defendant and against plaintiff.

Plaintiff has filed a complaint alleging a no-fault just cause eviction against defendant. The complaint alleges that the property is in the City of Hawthorne and subject to the Tenant Protection Act of 2019 ("TPA"). Civil Code 1946.2(d)(2) provides that: "If an owner issues a notice to terminate a tenancy for no-fault just cause, the owner shall notify the tenant of the tenant's right to relocation assistance or rent waiver pursuant to this section. If the owner elects to waive the rent for the final month of the tenancy ..., the notice shall state the amount of rent waived and that no rent is due for the final month of the tenancy." Section 1946.2(e) states that "[a]n owner's failure to strictly comply with this subdivision shall render the notice of termination void." [Emphasis added.]

In a case dealing with an almost identical statute, the court of appeal affirmed the trial court's sustaining of a demurrer to a complaint where the plaintiff failed adequately to notify the defendant of the defendant's right to compensation. It reasoned, "only by the landlord accurately notifying a tenant of the entire scope of 'the right to receive payment ... ' can tenants be fully apprised of the information necessary to confirm whether the landlord's assessment of the relocation benefit amount is in fact accurate." 710 Sutter Ventures, LLC v. Millis, 82 Cal. App. 5th 842, 2022 Cal. App. LEXIS 746, 298 Cal. Rptr. 3d 842, 2022 WL 3908945.

In the case at bar, the 60-day Notice to Quit states: "The property is owned by a person who intends to occupy said premises ... . As Mr. Bon has not paid any rent ... since January 2020, no additional accommodation need be given to the occupants to find alternate housing. The last 30 days of rent will not be due from occupants." Plaintiff's notice fails to notify the defendants of the exact amount waived nor their right to relocation or waiver of the last month rent. By requiring notification to the tenants of their right to compensation, TPA assures that each defendant can better understand their position as it relates to a no-fault eviction. In this case, if aware of their rights, each defendant may have responses regarding the amount of rent in arrears or even the amount that is considered "last month's rent." Further, they may dispute the owner's choice of election based upon the number of tenants involved. Nevertheless, because the notice falls short of the statutory requirement, it is void and the court is without jurisdiction to hear the matter.