Pacific 26 Management v. Tarquinio CA2/2

Filed 11/30/22 Pacific 26 Management v. Tarquinio CA2/2 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 TWO

PACIFIC 26 MANAGEMENT, B316409 LLC, (Los Angeles County Plaintiff and Respondent, Super. Ct. No. 20SMCV01320)

v.

ROBERT TARQUINIO, individually and as trustee, etc.,

Defendants and Appellants.

APPEAL from a judgment of the Superior Court of Los Angeles County, Mark H. Epstein and Bruce G. Iwasaki, Judges. Affirmed. Law Office of Patrick Thomas Santos and Patrick Santos for Defendants and Appellants. Law Offices of Saul Reiss, Saul Reiss and Fay Pugh for Plaintiff and Respondent.

Defendant and appellant Robert Tarquinio, individually and as trustee of The House of Tarchnas Living Trust (appellant), appeals from the October 21, 2021 unlawful detainer judgment entered against him and in favor of plaintiff and respondent Pacific 26 Management, LLC (respondent). On November 19, 2021, we issued an order temporarily staying the October 21, 2021 judgment pending further order of this court. We affirm the judgment. We dissolve the temporary stay imposed pursuant to our November 19, 2021 order and remand the matter to the trial court to determine the amount of additional unpaid rent appellant owes respondent as holdover damages.

BACKGROUND Current unlawful detainer action Appellant was the owner of certain residential real property located at 1048 Chelsea Avenue in Santa Monica, California (the property). The property was encumbered by a deed of trust as security for a $3.65 million loan. The loan went into default, the lender foreclosed on the deed of trust, and a trustee’s sale was held. Respondent was the successful bidder at the trustee’s sale and became the owner of the property pursuant to a trustee’s deed upon sale. Appellant continued to occupy the property following the trustee’s sale, and respondent commenced this unlawful detainer action against appellant in September 2020. A one-day court trial was initially set for January 19, 2021. The parties engaged in discovery and filed trial written briefs. On January 19, 2021, at appellant’s request, the trial was continued to February 8, 2021. The trial court and the parties