10
defendant to establish that a triable issue of fact existed as to the cause of action or a defense
thereto.
In her opposition, defendant presented evidence in the form of the 2009 Addendum
wherein plaintiff’s predecessor in interest expressly agreed, in writing, to allow defendant to
engage in the Airbnb activities at issue here. (See fn. 4, ante.) However, any purported consent
by the prior landlord is not dispositive. This is because the Addendum constituted an illegal
contract in violation of existing regulations, and was therefore void and unenforceable. (See
Civ. Code, § 1598 [generally, if object of contract is unlawful, then entire contract is void];
Shephard v. Lerner (1960) 182 Cal.App.2d 746, 749-751 [addendum to lease which authorized
prior and continued use of premises as a hotel and apartment business by tenant despite code
violations in violation of state and local law constituted “a contract for an illegal purpose” and
was not enforceable].) Accordingly, defendant failed to satisfy her burden and the court
properly granted plaintiff’s MSJ.12
DISPOSITION
The order granting plaintiff’s motion for summary judgment, and the judgment, are
affirmed. Plaintiff to recover costs on appeal.