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LLC v. Drumea

California Court of Appeals, Second District, Eighth Division

April 4, 2014

1300 N. CURSON INVESTORS, LLC, Plaintiff and Appellant,
v.
CECILIA DRUMEA et al., Defendants and Respondents.

APPEAL from a judgment and order of the Superior Court of Los Angeles County No. BC485465. Michelle R. Rosenblatt, Judge.

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COUNSEL

Pircher, Nichols & Meeks and James L. Goldman for Plaintiff and Appellant.

The Salem Law Firm and Edmond E. Salem for Defendants and Respondents.

OPINION

GRIMES, J.

This appeal concerns the amount of rent that may be charged under the Rent Stabilization Ordinance of the City of Los Angeles (L.A. Mun. Code, ch. XV, art. 1, § 151.00 et seq.; hereafter the Ordinance) to a former resident manager upon termination of managerial services. The former resident manager was already a tenant in the unit before being appointed resident manager and continued to occupy the unit after being relieved of managerial duty.

Landlord 1300 N. Curson Investors, LLC (plaintiff) sued former resident manager Cecilia Drumea and her mother, Elena Drumea (defendants), seeking declaratory relief, ejectment and damages. The day before plaintiff purchased

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an apartment building subject to the Ordinance, the former owner relieved Cecilia from her position as the resident manager. Defendants were already tenants in the unit before Cecilia was appointed resident manager, paying $850 per month. During the years Cecilia served as the resident manager, she occupied the unit rent-free in compensation for her services. After Cecilia was relieved of duty, plaintiff served defendants with a notice of rent increase, raising the monthly rent to $1, 552.03, which included all of the annual adjustments permitted under the Ordinance that had accrued over the years Cecilia was manager. Defendants refused to pay the increased rent, claiming plaintiff could not collect more than $850 per ...


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