Dey v. Matheka CA2/8

Filed 7/12/24 Dey v. Matheka CA2/8 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION EIGHT

PENNY DEY, as Successor B321403 Trustee, etc., Los Angeles County Plaintiff and Respondent, Super. Ct. No. 21WCUD00388

v.

ROBERT MATHEKA,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County. James A. Kaddo, Judge. Affirmed.

Cal Tenant Law and Jeremy Cook for Defendant and Appellant.

No appearance for Plaintiff and Respondent.

_____________________________

SUMMARY The jury in a commercial unlawful detainer trial found in favor of the lessor. The judgment awards the lessor possession of the premises and $26,818 in holdover damages. The tenant (defendant) appeals. He contends the trial court erred by refusing to allow him to present evidence on his “main defense” of retaliatory conduct by the lessor. Defendant also contends the lessor’s mistaken deposit and subsequent reimbursement to defendant of a rent check, occurring after lessor’s 30-day eviction notice, invalidated the notice as a matter of law, and the issue should not have gone to the jury. Defendant claims he had no individual liability and should have been dismissed from the case; that he was prejudiced by admission of irrelevant evidence that inflamed the jury; and the court was biased against him. We conclude the trial court properly rejected defendant’s retaliation defense and none of defendant’s other claims has merit. Accordingly, we affirm the judgment. FACTS Plaintiff Sandra Johnson was a trustee of the Martha H. Marsh Revocable Trust, the owner of the property. She died during this litigation, in August 2021, and her sister Penny Dey became the trustee and plaintiff. (At trial, the parties sometimes referred to Ms. Johnson as “the former landlord.”) Ten years earlier, in August 2011, the trust as lessor and Kala Construction, Inc. as tenant entered into a commercial lease of an office and utility yard in the City of La Verne. Robert Matheka signed the lease for the tenant. Mr. Matheka is the defendant. (A default judgment was entered against Kala Construction.) The lease was for a one-year term beginning September 1, 2011, and ending September 1, 2012, “with self renewing clause or 30 day notice in writing, prior to lease end.” Rent was $2,300 per month, with a 6 percent service charge if not paid by the fifth day of