3
that time to make an arrangement to get caught up.” According to defendant, his partial rent
check was “mailed back to [him]” after service of the three-day notice. Defendant did not have
the returned check with him, and he could not recall the dollar amount of the check. He has
only paid rent by check.
Defendant was aware that JNM Realty was the property manager, but he was unsure of
the office address for the manager, and he only knew the phone number to report maintenance
issues. Prior to the initiation of the unlawful detainer, defendant was not aware that plaintiff
was the new owner of the property; however, he admitted his rent checks were made out to
plaintiff. Defendant received a change in ownership document from plaintiff4 which “stated the
new owner, [and] where to mail the rent check.” When asked if the document identified the
agent for service of process defendant replied, “[n]o, I don’t believe so.” No other change of
ownership document was provided to him.
The parties proceeded to make closing arguments. Plaintiff maintained it proved each
element of its prima facie case—that defendant was served with a valid three-day notice to pay
rent of $7,236 or quit the premises, and that defendant failed to pay the rent owed or relinquish
possession of the premises and thereafter continued in possession. Defendant argued the notice
was defective because it overstated the amount of rent due by including late fees in its
calculation. Additionally, relying on Group XIII Properties LP v. Stockman (2022) 85
Cal.App.5th Supp. 1 (Group XIII), defendant argued that section 1962 is “a jurisdictional
requirement[,] so it is not an affirmative defense,” and that plaintiff failed to satisfy the
requirements in section 1962. In response, plaintiff argued it was defendant’s burden to prove
the affirmative defense under section 1962, and he failed to satisfy this standard.
The trial court agreed with defendant that section 1962 was “a jurisdictional issue” and
not an affirmative defense. However, the court found that plaintiff satisfactorily proved each