Johnson v. Connie CA4/3

Filed 7/22/25 Johnson v. Connie CA4/3

NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FOURTH APPELLATE DISTRICT

DIVISION THREE

RANDY R. JOHNSON,

Plaintiff and Appellant, G064240

v. (Super. Ct. No. 30-2022- 01248762) CONNIE, LLC, et al., OPINION Defendants and Respondents.

Appeal from a judgment of the Superior Court of Orange County, Andre De La Cruz, Judge. Reversed with directions. Lakeshore Law Center, Jeffrey N. Wilens, and Macy Wilens for Plaintiff and Appellant. Russo & Duckworth and J. Scott Russo for Defendants and Respondents. Plaintiff Randy R. Johnson appeals from a nominal judgment entered in his favor after the trial court granted a motion for directed verdict against him. The court found his payment of illegally increased rent did not

1 support his claim based on Penal Code section 496, which authorizes civil remedies for its violation. (Siry Investment, L.P. v. Farkhondehpour (2022) 13 Cal.5th 333, 362 (Siry).) We agree with plaintiff that sufficient evidence supported liability under section 496, based upon the statute’s broad wording. (Id. at pp. 349, 361, 363–364.) We reverse the judgment and remand for further proceedings. FACTS I. THE RENT INCREASE

We state the facts in the light most favorable to plaintiff and disregard conflicting evidence. (Watts v. Pneumo Abex, LLC (2024) 106 Cal.App.5th 248, 258 (Watts).) In 1995, plaintiff entered a lease to rent an apartment in a triplex, for about $800 a month. The lease does not contain any agreement that plaintiff would perform property management duties and plaintiff never agreed to provide services in exchange for paying reduced rent. Ownership of the triplex passed to Connie, LLC, in 2020. The LLC’s manager was Heidi Starnes Izzi and her brother Todd Starnes was a member.2 Plaintiff, by then 70 years old, was paying $1,025 a month for rent. The LLC hired a property management company, defendant Old Newport Realty, doing business as Genuine Property Management (Genuine). The compensation for Genuine’s services was six percent of rent payments received.