1
This petition for a writ of mandate was filed by defendants Jannice Frazier and Tarron
Williams in a failure to pay rent unlawful detainer action after the trial court denied their
motion for summary judgment. The issue raised in the motion for summary judgment and
before this court is whether defendants were entitled to summary judgment as a matter of law
when it was undisputed that plaintiffs failed to comply with the provisions of Rent Stabilization
and Tenant Protections ordinance, enacted as County of Los Angeles Ordinance No. 2021-0040
(“the Ordinance”), by timely submitting a copy of the three-day notice to pay rent or quit to
the Los Angeles County Department of Consumer and Business Affairs (“the Department”).1
As explained below, we deny the petition.
BACKGROUND
Plaintiffs and real parties in interest Trusse Norris and Mary Norris own a residence
located within an unincorporated area in the County of Los Angeles. On April 20, 2022,
plaintiffs commenced this action in unlawful detainer to recover possession of the subject
property. The complaint alleged Frazier occupied the premises pursuant to a written lease
agreement executed on or about June 8, 2021, in which Frazier agreed to pay rent of $3,300 on
the first day of each month. The term of the agreement expired on December 31, 2021, and
afterwards defendants’ occupancy converted into a month-to-month tenancy at will. On April
11, 2022, plaintiff served defendants with a three-day notice seeking payment of past-due rent
for that month, or relinquishment of possession. As of April 14, 2022, defendants failed to
either pay the rent or vacate the premises.
Defendants’ answer, inter alia, maintained plaintiffs failed to comply with section
8.52.090, subdivision (B)(4) of the Ordinance by timely submitting a copy of the three-day
notice to the Department and this defect defeated plaintiffs’ claim of right to possession.
Defendants moved for summary judgment on the same ground—plaintiffs could not
prevail in the action as a matter of law due to their noncompliance with section 8.52.090,
subdivision (B)(4). The motion was supported by a declaration from the Department’s