This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.

Real Property
Landlord and Tenant
Eviction

Private National Mortgage Acceptance Company LLC v. Kamie Stanko

Published: Apr. 14, 2012 | Result Date: Feb. 27, 2012 | Filing Date: Jan. 1, 1900 |

Case number: 11U04495 Bench Decision –  Defense

Court

L.A. Superior Santa Monica


Attorneys

Plaintiff

Deborah M. Bass


Defendant

Ronald N. Richards
(Law Offices of Ronald Richards & Associates, APC)


Facts

Private National Mortgage Acceptance Co. LLC purchased a property at a foreclosure sale. The company then served the renter, Kamie Stanko, a three-day "pay rent or quit" notice, claiming she had stopped paying her monthly rent of $2,500. Stanko had not paid rent in over a year, racking up $22,500 in back rent. Stanko was never a tenant of plaintiff.

Settlement Discussions

Stanko offered to pay rent when the case was initially filed, but plaintiff refused the offer.

Result

Los Angeles County Superior Court Judge Lawrence H. Cho turned down the company's attempt to evict Stanko. New owners of foreclosed properties were required to give tenants 90 days' notice before eviction under the 3-year-old Protecting Tenants at Foreclosure Act. Judge Cho granted Stanko's motion to quash the eviction complaint. Judge Cho also ruled that any back rent would accrue from the filing of the 90 day notice and not before. The 90 day notice was inviolable.


#96634

For reprint rights or to order a copy of your photo:

Email jeremy@reprintpros.com for prices.
Direct dial: 949-702-5390