3
required defendant to comply with all laws, regulations and ordinances; copies of the LAMC, a
Zoning Map and Parcel Report indicating the premises fell within an R-1 zone; a property
profile report; a March 19, 2014 Memorandum from Alan Bell,3 Deputy Director of Planning for
the City of Los Angeles to Council Offices stating, inter alia, that short-term rentals were
prohibited in R-1 zones; the three separate 10-day notices; a notice and order to comply from the
City of Los Angeles indicating, inter alia, the unapproved alteration and use of the attic; pages
from defendant’s website indicating the availability of the apartment and the loft for short-term
rentals; a verified unlimited civil action which defendant filed against plaintiff for damages,
including, inter alia, plaintiff’s interference with defendant’s Airbnb business of providing
temporary lodging; a City of Los Angeles Permit to collect the Transient Occupancy Tax; and
portions of defendant’s deposition testimony wherein she admitted to operating an Airbnb, using
the attic for living quarters, receiving the 10-day notices, and failing to comply therewith.
Plaintiff also filed the following declarations in support of her motion: plaintiff’s own
declaration authenticating some of the exhibits; the declaration of Brad Weeks regarding service
of the 10-day notices; the declaration of Durell Hensley, a licensed contractor, stating that the
attic did not meet the Building Code standards to be used for sleeping; and the declaration of
Davis Woodward, a person who rented the premises via Airbnb.
Defendant’s Opposition to the MSJ/SA
Defendant filed an opposition, supported by her own declaration, in response to
plaintiff’s motion. Defendant contended the court should deny the motion for the following
reasons:
(1) Plaintiff failed to comply with California Rules of Court, rule 3.1350(b), which
provides as follows: “If summary adjudication is sought, whether separately or as an alternative
to the motion for summary judgment, the specific cause of action, affirmative defense, claims
for damages, or issues of duty must be stated specifically in the notice of motion and be
repeated, verbatim, in the separate statement of undisputed material facts.” 3
Hereafter referred to as the Bell Memorandum.