Sanfilippo v. Trinh, 031519 CAAPP6, H045575

Docket Nº:H045575
Opinion Judge:GROVER, J.
Party Name:DELORA J.W. SANFILIPPO, Plaintiff and Respondent, v. TRISTAN TRINH, Defendant and Appellant.
Judge Panel:WE CONCUR: Greenwood, P. J.Danner, J.
Case Date:March 15, 2019
Court:California Court of Appeals

DELORA J.W. SANFILIPPO, Plaintiff and Respondent,


TRISTAN TRINH, Defendant and Appellant.


California Court of Appeals, Sixth District

March 15, 2019


Santa Clara County Super. Ct. No. 17-CV-316645


An unlawful detainer judgment was entered against defendant following a court trial. Defendant argues the judgment is premised on an invalid three-day notice to pay rent or quit, and that the attorney's fees and costs awards are not supported by evidence in the record. We must affirm the judgment awarding plaintiff the premises plus holdover damages, attorney's fees, and costs because defendant and his attorney, Jonathan C. Do, have provided us with an inadequate record to assess his contentions. He therefore cannot meet his burden of demonstrating reversible error.


Defendant took over an existing commercial lease with plaintiff to operate a restaurant beginning in 2004. Under the lease, defendant agreed to pay plaintiff $4, 757 per month ($4, 032 base rent plus $725 for common area maintenance). Defendant continued to occupy the premises after the lease expired in 2009. In April 2015 plaintiff notified defendant by letter that effective May 1, 2015, the total monthly rent would be $6, 611 ($5, 740 base rent plus $871 for contributions to common area maintenance, property tax, and insurance). The letter included an itemized statement reflecting a past due balance of $75, 765 and a demand for payment of the arrears. According to the statement, defendant was charged $6, 546 each month from July 2013 to August 2014, and $6, 570 each month from September 2014 to March 2015. Property tax, insurance, and maintenance contributions varied, but the base rent of $5, 740 did not change. The statement reflected defendant's payments of $4, 800 each month from January 2014 to April 2015.

On September 8, 2017, plaintiff offered defendant a five-year lease with monthly rent (including maintenance, property tax, and insurance contributions) of $8, 259. Defendant did not accept the offer. Two weeks later, plaintiff sent defendant a 30-day notice to terminate the tenancy effective October 31, 2017, along with an updated itemized accounting reflecting $122, 683 in delinquent rent. Five days later, plaintiff personally served defendant with a three-day notice to pay rent or quit the premises. The notice stated “there is now due and payable estimated unpaid delinquent rent of $79, 040.51” for the month-to-month tenancy from October 1, 2016 to September 30, 2017.

Plaintiff filed an unlawful detainer complaint on October 2, 2017 alleging defendant failed to vacate the premises after being served with the three-day notice, which was attached as an exhibit to the complaint. Plaintiff alleged defendant occupied the premises under a written lease that expired in 2009; the tenancy then continued by operation of law on a month-to-month basis with a rent increase to $5, 740; defendant...

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