Stewart v. Terrazas CA4/1

Filed 12/22/22 Stewart v. Terrazas CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

LINDSEY STEWART, D079591

Plaintiff and Appellant,

v. (Super. Ct. No. 37-2021- 00006733-CU-UD-CTL) KEITH TERRAZAS,

Defendant and Respondent.

APPEAL from a judgment of the Superior Court of San Diego County, Joel R. Wohlfeil, Judge. Affirmed. Lindsey Stewart, in pro. per., for Plaintiff and Appellant. Elena Reyes for Defendant and Respondent.

I INTRODUCTION The wife of a deceased tenant filed an unlawful detainer action against the tenant’s landlord seeking to recover personal possessions the tenant left on the rented premises. The trial court dismissed the unlawful detainer complaint and entered judgment for the landlord. We affirm.

II BACKGROUND Daniel Stewart (hereafter, tenant) rented a bedroom in a residence owned by a trust, of which defendant Keith Terrazas (hereafter, landlord) served as the trustee. A written lease stated the premises could not be used or occupied by any person other than the tenant without the landlord’s consent. In October 2020, the tenant suffered a serious medical ailment requiring continuous hospitalization. Soon after, the tenant’s wife, plaintiff Lindsey Stewart (hereafter, the plaintiff), moved into the bedroom without obtaining the landlord’s consent. In late December 2020, the landlord notified the plaintiff that the lease did not permit her to remain on the premises. At or about the same time, the tenant notified the landlord he intended to move out and terminate his tenancy. A week later, the landlord sent a letter to the tenant accepting the termination of tenancy, effective January 31, 2021. He instructed the tenant to remove his possessions from the bedroom by January 31. He also stated the tenant was in breach of the lease by permitting the plaintiff to reside on the premises. On January 23, the landlord sent a letter to the tenant, which he also posted on the bedroom door, reminding the tenant of the termination of the tenancy and instructing him to vacate the premises and remove his belongings on or before January 31. The letter reiterated that the tenant was in breach of the lease by permitting the plaintiff to reside on the premises. It stated the landlord would “be inspecting the property to confirm that no other parties [were] on the premises.”