Hozz v. Lewis

Opinion

RACANELLI, P. J.

This is the second appeal in a lengthy dispute between a landlord and his tenant. In the first appeal, this court concluded, inter alia, that the tenant had no right to compel the landlord to sell him the apartment in which he resided.

(Lewis

v.

Hozz

(July 7, 1988) A034746 [nonpub. opn.].) In this second appeal, we must decide whether the unlawful detainer proceedings brought by the landlord were proper.

Facts

Plaintiff Abe Hozz was the owner of a Nob Hill apartment building located at 1001 California Street. In February 1981, defendant David Lewis became a tenant in apartment 7 of the building. Beginning in 1983, the

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agreed rent was $2,950 per month. In October 1983, Lewis filed the first lawsuit seeking to compel Hozz to sell him apartment 7. In July 1988, this court affirmed the trial court’s decision in favor of Hozz.

Meanwhile, in February 1986, Lewis stopped paying rent on apartment 7. In two successive unlawful detainer actions, Hozz recovered judgment for rents due from February through April and May through September 1986. The present action was brought by Hozz to recover amounts due from October 1, 1986, to the date of judgment (Aug. 13, 1987). The trial court awarded Hozz $30,778.29. Lewis appeals.

1

Discussion

I. Service of Three-day Notice

Lewis first argues the three-day notice to quit was not properly served. Testimony at trial established that on the afternoon of February 20, 1987, an employee of Hozz’s attorney went to apartment 7, rang the bell and knocked on the door. When no one answered, the employee taped a copy of the notice to the door and slipped another copy under the door. He then posted another copy by mail addressed to Lewis at 1001 California Street. Lewis argued below that such efforts were inadequate, and that Hozz should have taken other steps to serve him elsewhere: namely, at his horse boarding ranch in Indio or his second residence in La Quinta. The trial court rejected that argument. We uphold the trial court’s ruling.