1
Defendant and appellant Joelle Kraft appeals the judgment entered in an unlawful
detainer action after the court granted plaintiff and respondent Louise Chen’s motion for
summary judgment. Defendant contends there were triable issues of fact concerning whether
the rental of the spare room at the premises via Airbnb constituted an illegal use of the property
under Los Angeles Municipal Code (LAMC) section 151.09(A)(4). As explained below, we
affirm the judgment.
BACKGROUND
Defendant occupied the rent-controlled premises located at 2476½ Glencoe Avenue in
Venice, California (the premises) pursuant to a July 19, 1997 written agreement she entered into
with plaintiff’s predecessor in interest.1 The written agreement described the premises as a one
bedroom with a loft to be occupied by defendant and her two young boys who visited her on the
weekends. The agreement required plaintiff to give defendant written notice and 10 days to cure
any default of the terms of the agreement.2
Pleadings
On February 14, 2014, plaintiff filed a complaint in unlawful detainer alleging defendant
failed to comply with the following three notices: (1) the 10-day notice to pay rent or quit which
was served on January 15, 2014; (2) the 10-day notice to perform covenants or quit served on
January 22, 2014, to “[s]top using the attic for any purpose” or quit the premises; and (3) the
10-day notice to perform covenants or quit served on January 22, 2014, to “[s]top illegally
subletting the unit by allowing subtenants and or short term renters to reside on the premises” or
quit the premises. The complaint sought possession of the premises, past-due rent, holdover
damages and forfeiture of the agreement.