2
Defendant filed an answer denying the allegations of the complaint and asserting various
affirmative defenses. As pertinent to this appeal, the affirmative defenses included the
following: the “attic” plaintiff referred to was actually a “loft” which was part of the rental
agreement with plaintiff’s predecessor in interest; the LAMC permitted the “sharing of the
premises”; plaintiff’s predecessor in interest expressly permitted her to use the premises as an
Airbnb location; and plaintiff breached the warranty of habitability.
Motion for Summary Judgment or, in the Alternative, Summary Adjudication
Plaintiff filed a motion for summary judgment (MSJ) on the following grounds:
(1) defendant was operating an illegal bed and breakfast or transient occupancy, and
(2) defendant was illegally using the attic of the premises for living purposes for herself and her
paying customers.
In the alternative, plaintiff moved for summary adjudication (SA) on the following issues
with regard to the illegal bed and breakfast: (1) since January 1, 2014, defendant had been using
the premises as a bed and breakfast for transient occupancy; (2) said use was illegal because the
premises were located in an R-1 zone and was a ground for eviction under LAMC section
151.09(A)(4); (3) plaintiff served defendant with a 10-day notice to stop the illegal use; (4) the
period stated in the notice expired; (5) defendant continued the illegal use of the premises; and
(6) plaintiff was entitled to possession.
Plaintiff also moved for SA on the following issues concerning defendant’s use of the
attic: (1) defendant had been using the attic for living purposes since January 1, 2014; (2) said
use was illegal under LAMC section 91.8105 and was a ground for eviction under LAMC
section 151.09(A)(4); (3) plaintiff served defendant with a 10-day notice to cease the illegal use;
(4) the time period in the notice expired; (5) defendant continued the illegal use of the premises;
and (6) plaintiff was entitled to possession of the premises.
Plaintiff’s Separate Statement and Exhibits
Plaintiff’s motion was supported by a separate statement of 18 undisputed facts and the
following exhibits: a grant deed establishing plaintiff as owner of the premises; the rental
agreement between defendant and plaintiff’s predecessor in interest, wherein paragraph 14