City of Diamond Bar v. Li CA2/5

Filed 3/12/25 City of Diamond Bar v. Li CA2/5 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FIVE

CITY OF DIAMOND BAR, B335376

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. v. 23PSCV02124)

CATHERINE LI and JOHN ZHONG,

Defendants and Appellants.

APPEAL from an order of the Superior Court of Los Angeles County, Salvatore T. Sirna, Judge. Affirmed.

Catherine Li and John Zhong, in pro. per., for Defendants and Appellants.

Dapeer, Rosenblit & Litvak, William Litvak and Sarah Edmiston for Plaintiff and Respondent.

****** The trial court issued a preliminary injunction enjoining the owners of a home from violating a local ordinance prohibiting short-term rentals. The homeowners appeal. The preliminary injunction is supported by substantial evidence, and the homeowners’ remaining challenges are not properly before us or are unsupported by the record. We accordingly affirm. FACTS AND PROCEDURAL BACKGROUND I. Facts Catherine Li and John Zhong (the homeowners) own a 3,253-square-foot single family home in a residential neighborhood within the City of Diamond Bar (the City). The City has an ordinance that prohibits short-term rentals of fewer than 30 days in any residential neighborhood. (Diamond Bar Mun. Code, §§ 5.08.050(b), 22.080.020.) The City also has an ordinance that prohibits advertising such rentals on the internet. (Id., § 5.08.050(c).) There is no dispute that the homeowners violated these ordinances. In 2022 and early 2023, they advertised their home for overnight rentals on Airbnb and VRBO. After neighbors reported this violation and after the City issued nine written citations and two notices of violation to the homeowners, a city official in May 2023 contacted the homeowners through Airbnb and rented the home for one night.