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Kwok v. Bergren
Citations: 130 Cal. App. 3d 596; 181 Cal. Rptr. 795; 1982 Cal. App. LEXIS 2308Docket: Civ. 50936
Court: California Court of Appeal; March 17, 1982; California; State Appellate Court
Albert Y.K. Kwok initiated an unlawful detainer action against Scot Bergren, Cindy Sapp, and others for unpaid rent, seeking restitution of the leased premises, lease forfeiture, and attorney fees. After a nonjury trial, a judgment was ruled in favor of Kwok, later amended. The lease, executed on July 10, 1972, allowed assignment with written consent, and Bergren was recognized as the responsible tenant after an assignment from Paul C. DeBernardis. Bergren subleased to Sapp and Martin Davis, with Davis instructed to pay rent directly to Kwok. In April 1979, after Davis informed Bergren of his payment, it was revealed that Davis was in financial distress. Following this, Bergren attempted to pay rent but was met with a three-day notice to pay $1,650 or vacate, served to multiple parties, including the appellants. However, neither appellant received the notice until the complaint was filed, raising questions about proper service. The trial court was tasked with determining if sufficient evidence supported its finding that the appellants were properly served with the notice. The court noted no novation occurred concerning the lease, as there was no substitution of obligation under relevant Civil Code provisions. Respondent acknowledged appellants as 'tenants in possession' prior to their April 1979 rent default. Under California's Code of Civil Procedure section 1161, a tenant is guilty of unlawful detainer if they remain in possession without landlord permission after failing to pay rent, following a three-day written notice. Unlawful detainer actions are statutory and must adhere strictly to the statute's requirements. Failure to comply with notice provisions invalidates a lessor’s action for recovery of possession. The law allows three methods for serving termination notices: personal delivery, substituted service when the tenant is absent, or posting and mailing when the tenant’s address is unknown. In this case, the notice requirements were not met, as the server did not properly notify appellants. Consequently, the trial court's finding of proper service was unsupported, leading to the reversal of its judgment against appellants. The superior court is instructed to rule in favor of appellants and determine reasonable attorney fees as per the lease and Civil Code section 1717, with costs awarded to appellants on appeal. A petition for rehearing was denied, and the Supreme Court also denied the respondent’s petition for hearing.