Foster v. Britton, 242 Cal. App. 4th 920 (2015)

Citation: Foster v. Britton, 242 Cal. App. 4th 920 (2015)
Parent Document: Foster v. Britton, 242 Cal. App. 4th 920 (2015)
Jurisdiction: California (state)
Effective Date: 2015-12-01
Original Source: https://www.courtlistener.com/opinion/3159177/foster-v-britton/ ↗

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Britton she did not agree to any unilateral changes to her rental agreement. In the
ensuing dispute, Britton took the position that section 827, subdivision (a) preempted
Rule 12.20.
       Foster brought this action, alleging she was a long-term resident of the building
and that the house rules conflicted with terms and conditions that had always been
included in her rental agreement, including exclusive use of two parking spaces, use of a
service porch for storage and laundry facilities, exclusive use of assigned garden areas,
use of storage spaces, and inclusion of garbage service in her rental payments. She
sought a declaration that (1) section 827 did not preempt Rule 12.20, and (2) Rule 12.20
barred the eviction of any tenant based on unilaterally-imposed house rules. She also
sought an injunction prohibiting defendants from attempting to evict her based on a
violation of the house rules. The Rent Board intervened in the action, seeking a
declaration that Rule 12.20 was not preempted by section 827.
       Britton cross-complained against the Rent Board, seeking injunctive relief and a
declaration that (1) section 827 preempted Rule 12.20, and (2) Rules 12.20 and 6.15C
modified, conflicted with, or provided exceptions to the grounds for eviction found in the
Rent Ordinance and the Rent Board exceeded its authority it enacting them.
       Plaintiff moved for summary judgment or summary adjudication on the grounds
that section 827 did not preempt Rule 12.20 and that Rule 12.20 barred the eviction of a
tenant for violating unilaterally-imposed house rules that contradicted a pre-existing
rental agreement.4 The trial court ruled that plaintiff was entitled to a declaration that
section 827 did not preempt Rule 12.20 and that the Rent Board did not exceed its powers
when it adopted Rule 12.20. The court found the issue of whether Rule 12.20 barred the
eviction of a tenant for violating unilaterally-imposed house rules not ripe for review,

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