8
The court’s failure to provide a sufficient statement of reasons for granting summary
judgment is not automatic grounds for reversal. ‘“It is the validity of the ruling which is
reviewable and not the reasons therefor. [Citation.]”’ (Ruoff v. Harbor Creek Community Assn.
(1992) 10 Cal.App.4th 1624, 1628 (Ruoff); see also Coral Construction, Inc. v. City and County
of San Francisco (2010) 50 Cal.4th 315, 336 [trial court’s stated reasons for granting summary
judgment are not binding because appellate court reviews its ruling, not its rationale].) “The
lack of a statement of reasons presents no harm where . . . our independent review establishes
the validity of the judgment.” (Soto v. State of California (1997) 56 Cal.App.4th 196, 199.)
Thus, even though the court did not address all of Foster’s defenses in determining
whether plaintiff was entitled to summary judgment, as the reviewing court considering the
issues de novo, we are not precluded from conducting such a review, as long as the record
provided is adequate for us to do so. (Ruoff, supra, 10 Cal.App.4th at p. 1627.) In the instant
case, the parties briefed and argued the issues. So, we are not foreclosed from considering
them.
Waiver
Foster argues plaintiff waived its ability to evict him because, before filing the unlawful
detainer complaint, plaintiff accepted and did not return an $800 payment that was to be applied
to the security deposit.
“Waiver is a question of fact for the trial court. [Citation.] Waiver is an intentional
relinquishment of a known right. [Citation.] It may be implied through conduct manifesting an
intention to waive. [Citation.] Acceptance of benefits under a lease is conduct that supports a
finding of waiver.’ [Citation.]” (Gould v. Corinthian Colleges, Inc. (2011) 192 Cal.App.4th
1176, 1179 (Gould).)
If a landlord has full knowledge of all pertinent facts, acceptance of rent or other benefits
after breach of a covenant constitutes a waiver of the breach that precludes the landlord from
declaring forfeiture of the lease by reason of the breach. (Kern Sunset Oil Co. v. Good Roads
Oil Co. (1931) 214 Cal. 435, 440-441; Salton Community Services Dist. v. Southard (1967) 256
Cal.App.2d 526, 533; see also EDC Assocs., Ltd v. Gutierrez (1984) 153