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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Chen v. Kraft (2016)

Citation
Chen v. Kraft (2016)
Parent Document
Chen v. Kraft (2016)
Jurisdiction
California (state)
Effective Date
2016-01-13

Full Text

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breakfast facility8 and/or a transient occupancy residential structure,9 and that defendant’s use of
the premises in this manner was illegal and in violation of LAMC sections 12.0810 and 12.21.11
With respect to the location of the premises within an R-1 zone, plaintiff’s evidence consisted,
inter alia, of her own declaration, a copy of a parcel report from the City of Los Angeles Zone
Information and Map Access System, and a copy of the Parcel Profile Report from the City of
Los Angeles Department of Building and Safety which indicated on page 2 that the premises
were within an “R1-1” zone. With respect to the operation of a bed and breakfast or transient
occupancy in the premises, plaintiff submitted evidence, inter alia, in the form of testimony from
defendant’s deposition wherein she stated as follows: “[Question:] And so would it be correct to
say – accurate to say that from the time – at least from the time of January 22nd, 2014 through
today [May 7, 2014], you were running Airbnb business from your apartment? [¶] [Defendant:]
I would say I’m listing – I have listings on Airbnb that – yes, running today. [¶] [Question:] So
the answer is you’re running – it’s an Airbnb business, isn’t it? [¶] [Defendant:] Yes. [¶]
[Question:] And you continue to do it through today. [¶] [Defendant:] Yes.” In addition to the
above, plaintiff also submitted a City of Los Angeles Tax Registration Certificate issued
January 6, 2014, indicating payment of a Transient Occupancy Tax with respect to the premises.
Accordingly, plaintiff met her initial burden on the motion. The burden therefore shifted to