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Drew Allan Cicconi, Esq. (SBN 83202) BOSCO, WARD & CICCONI 4223 Glencoe Avenue, Suite A225, Marina Del Rey, California 90292 Telephone: (310) 823-3400 Facsimile: (310) 752-6018 Attorneys for Defendant, Dena Welter

SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF LOS ANGELES
DANNY FIRST, Plaintiff, vs. DENA WELTER, Defendant. Case No. 09U01207 c/w 10U00213 TRIAL BRIEF ON RENT REGISTRATION

This case is an unlawful detainer action that follows a long line of harassing actions by the Landlord, Danny First, against his tenant, Dena Welter, to evict her from her rent controlled apartment. As the plaintiff testified in Court, the unit in question in subject to the Rent Stabilization Ordinance of the City of Los Angeles. Under the defendants answer she alleged that Plaintiffs demand for possession violates the local rent control or eviction control ordinance of: Los Angeles Rent Stabilization Ordinance. Under attachment 3j of her answer, paragraph 14, she alleged that the Plaintiff has failed to allege that the leased premises are subject to a local rent control ordinance and that he has met all applicable requirements of the ordinance. Under the ordinance the following is set forth: This ordinance has successfully reduced the rate of rent increases in the City, along with the concomitant hardships and displacements. However, a housing shortage still exists within the City of Los Angeles and total deregulation of rents at this time would immediately lead to widespread exorbitant rent increases, and recurrence of the crisis, problems and hardships which existed prior to the adoption of the moratorium measure. - 1
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Therefore, it is necessary and reasonable to regulate rents so as to safeguard tenants from excessive rent increases, while at the same time providing landlords with just and reasonable returns from their rental units. In order to assure compliance with the provisions of this chapter violations of any of the provisions of this chapter may be raised as affirmative defenses in unlawful detainer proceedings. (Section 151.01/Amended by Ord. No. 166,130, Eff. 9/16/90.) A. Rent Registration. At the time the plaintiff allegedly served the 3-day notice to quit or pay rent on February 23, 2010, Mr. First testified that he had registered the unit with the Rent Control Board. In this respect, a landlord must annually register his rental units with the City of Los Angeles, paying an annual fee. Mr. First failed to register the rental units located at 137 No. Clark Drive, Los Angeles, CA 90048, and was delinquent in the payment of his annual fee. It was not until June 22, 2010, when Mr. First finally paid the fee (See Exhibit A), that the units were registered some 6 months after the due date. However, he also failed to post the registration statement on the premises in a conspicuous place or give each tenant a copy of a valid written registration statement. 1. Section 151.05 of the Rent Stabilization Ordinance. The Los Angeles Municipal Code requires all owners of rental units who are subject to the Rent Stabilization Ordinance to register the units on a yearly basis before the owners can legally demand or accept rent (LAMC 151.05). Thus, this section states the following: A. (Amended by Ord. No. 157,572, Eff. 4/1/83.) On or after July, 1979, no landlord shall demand or accept rent for a rental unit without first procuring and serving on the tenant or displaying in a conspicuous place a valid written registration statement from the Department or its designee. On or after April 30, 1983, no landlord shall demand or accept rent for a rental unit without first serving a copy of a valid registration or annual registration renewal statement on the tenant of that rental unit. 2. Strict Compliance with Statute Is Required Strict compliance with the specifically prescribed notice conditions is a prerequisite to invoking the summary procedures of unlawful detainer. (See Lamey v Masciotra (1969) 273 Cal.App.2d 709, 713, 78 Cal.Rptr.; Baugh v Consumers Associates, Ltd. (1966) 241 Cal.App.2d 672,, 674, 50 Cal.Rptr. 822; Feder v Wreden Packing & Provision Co. (1928) 89 CA 665, 670, 265 P 386.) 3. Annual Registration due by January 1 of Each Year. [Section 151.05 (b) (5)] For any rental unit for which a registration or annual registration renewal statement is required, a registration or annual registration renewal fee shall be paid. This fee shall be due and - 2
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payable on the first day of January of each year, and shall be deemed delinquent if not paid on or before the last day of the following month. (Amended by Ord. No. 177,107, Eff. 12/18/05, Oper. 1/1/06.) 4. Refusal of a Tenant to Pay Rent. [Section 151.11.] A tenant has the right to refuse to pay rent on a rental unit that is not registered, and/or where a valid notice of registration is not properly displayed or given to the tenant. Thus, under Section 151.11 (B) of the Rent Stabilization Ordinance, the following is provided: B. A tenant may withhold the payment of any rent otherwise lawfully due and owing after July 1, 1979 until such time as the landlord has complied with Section 151.05 A. of this chapter. Once the landlord has complied with Section 151.05 A. of this chapter the tenant becomes obligated to pay the current rent and any back rent withheld pursuant to this subsection. There have been many problems in this eviction case, including the Lessors failure to follow proper service procedures for his purported 3-day notice under Section 1162, the lockout, and his failure to serve the detailed notice required under Section 151.09 C of the Rent Stabalization Ordinance. However, among his failures is the failure to properly register the defendants unit during the time he was demanding rent, or to give her notice of a valid written registration statement. Under the Ordinance she had a right to withhold payment of rent until he registered her unit, and gave her a valid written registration statement from the Department. For this and many other reasons, the case against this tenant should be denied and judgment rendered in her favor for the reasons stated. Dated: August 24, 2010 Respectfully submitted,

By: __________________________ Drew Allan Cicconi Attorney for Defendant

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TRIAL BRIEF

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Drew Allan Cicconi STATE OF CALIFORNIA COUNTY OF LOS ANGELES

PROOF OF SERVICE ) ) ss. )

I am employed in the county of Los Angeles, State of California. I am over the age of 18 and not a party to the within action; my address is 101 So. Topanga Canyon Blvd, No. 366, Topanga, California 90290. On August 24, 2010, I served the foregoing document described as TRIAL BRIEF ON RENT REGISTRATION the interested parties in this action ( X ) by personal service ( ) via e-mail ( ) via facsimile transmission ( ) by placing a true copy thereof enclosed in a sealed envelope addressed as follows: Lisa F. Rosenthal, Esq. *** 21601 Vanowen Street, Suite 208 Canoga Park, CA 91303 TEL (818) 348-2896 ( ) I am "readily familiar" with the firm's practice of collection and processing correspondence for mailing. Under that practice it would be deposited with the U.S. postal service on that same day with postage thereon fully prepaid at Marina del Rey, California in the ordinary course of business. I am aware that on motion of the party served, service is presumed invalid if postal cancellation date or postage meter date is more than one day after date of deposit for mailing in affidavit. ( x ) I placed such envelope(s) with postage thereon fully prepaid in the United States Mail in Los Angeles County, California, UNLESS PERSONAL SERVICE IS INDICATED BY AN ASTERISK BY THE PARTY'S NAME, and that I executed this proof of service on the date first above written in Topanga, California. ( ) Federal - I declare that I am employed in the office of a member of the bar of this court at whose direction this service was made. (xx) State - I declare under penalty of perjury that the foregoing is true and correct and that if called as a witness could competently testify thereto. BY: __________________________________

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