Filed 2/10/23 CERTIFIED FOR PUBLICATION APPELLATE DIVISION OF THE SUPERIOR COURT STATE OF CALIFORNIA, COUNTY OF LOS ANGELES SLEEP E-Z, LLC, ) No. BV 033670 ) Plaintiff and Appellant, ) Stanley Mosk Trial Court ) v. ) No. 21STUD00801 ) SILVIA LOPEZ, ) ) Defendant and Respondent. ) OPINION ) APPEAL from a judgment of the Superior Court of Los Angeles County, Gail Killefer, Judge. Affirmed. Law Office of Allen R. King and Allen R. King, for Plaintiff and Appellant. Inner City Law Center and Kaimipono D. Wenger; Musick, Peeler, & Garrett LLP and Dan Woods, for Defendant and Respondent. * * * Plaintiff Sleep E-Z, LLC, appeals from the judgment in favor of defendant Silvia Lopez following an unlawful detainer court trial. The contested issue at trial and on appeal is whether defendant violated a lease covenant prohibiting an assignment of her leasehold interest by leaving the country for a prolonged period while her common law husband, who was not a named tenant, resided in the premises and paid some rent during defendant’s absence. The trial court found there was insufficient proof of an assignment and awarded judgment in favor of defendant. Plaintiff appeals contending that because it proved a presumption of assignment that was not rebutted by defendant, the trial court erred by awarding judgment to defendant. We hold a third party’s occupancy and payment of rent may lead to a permissive inference, but not a mandatory presumption, of assignment. Accordingly, we affirm the judgment for defendant and award costs on appeal. BACKGROUND The property at issue is a rent-controlled unit in a residential apartment complex located at 1851 South La Brea Avenue. By a complaint filed on March 30, 2021, plaintiff alleged, in pertinent part, the following: the parties, in 2012, entered into a written lease agreement in which defendant agreed to pay rent of $412.15 on the first day of each month; on March 22, 2021, plaintiff caused to be served upon defendant a three-day notice to quit with a subheading of “Improper Subletting, Nuisance, Waste, or Illegal Use”; and defendant failed to deliver possession of the premises as demanded in the notice.1 Defendant’s answer was a general denial and several affirmative defenses. The cause proceeded to a court trial where defendant, Juan Quiroz (defendant’s common law husband), 1 The March 22, 2021 notice to quit states: “You are hereby notified that you are required within three (3) days from the date of service on you of this notice to vacate and surrender possession of the premises by reason of your having committed the following nuisance, waste, unlawful use, or unlawful subletting: [¶] On Tuesday, October 6, 2020, the owner served a 3-day notice to perform or quit (copy attached)[] to cancel the assignment and occupy the premises. You failed to comply within the notice period. . . . [¶] . . . . [¶] As a result of your having committed the foregoing acts, the lease or rental agreement under which you occupy the premises …
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