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language, giving it a plain and commonsense meaning. [Citation.] We do not, however,
consider the statutory language in isolation; rather, we look to the statute’s entire substance in
order to determine its scope and purposes. [Citation.] . . . If the statutory language is
unambiguous, then its plain meaning controls. If, however, the language supports more than
one reasonable construction, then we may look to extrinsic aids, including the ostensible
objects to be achieved and the legislative history.” (Los Angeles County Metropolitan
Transportation Authority v. Alameda Produce Market, LLC (2011) 52 Cal.4th 1100, 1106-
1107.)
Section 49.99.2(A) expressly provides “no Owner shall endeavor to evict or evict a
residential tenant for non-payment of rent if the tenant is unable to pay rent due to
circumstances related to the COVID-19 pandemic.” Foster’s failure to pay the increased
security deposit is not covered by those specific terms of the statute because plaintiff does not
allege Foster failed to pay rent; rather, plaintiff asserts the action is based on a breach of the
covenant to pay an increased amount of the security deposit. Nonetheless, Foster argues that
under Civil Code section 1950.5 “security” is defined as a “payment, fee, deposit, or charge”
that is imposed either at the beginning of the tenancy for the purpose of reimbursing a landlord
for costs associated with processing a new tenant” or as an advance payment of rent to be used
for any purpose. He claims, because the increased security deposit in this matter was imposed
during the tenancy, “it must be a ‘payment, fee, deposit, or charge . . . imposed as an advance
payment of rent, used or to be used for any purpose.’” Therefore, Foster proclaims he is
entitled to raise section 49.99.2(A) as an affirmative defense because plaintiff was seeking to
evict him for his failure to pay a certain amount of rent.7
In Civil Code section 1950.5, subdivision (b), “security” is defined, in relevant part, as
“any payment, fee, deposit, or charge . . . that is imposed at the beginning of the tenancy to be
used to reimburse the landlord for costs associated with processing a new tenant or that is