Bohanna v. Francone

Filed 5/5/06 Bohanna v. Francone CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIFTH APPELLATE DISTRICT

APPEAL from a judgment of the Superior Court of Fresno County. Alan M. Simpson, Judge.

Kharazi & Sirabian and H. Ty Kharazi for Plaintiff and Appellant.

Weakley, Ratliff, Arendt & McGuire and Leslie M. Dillahunty for Defendant and Respondent.

-ooOoo-

Plaintiff Stephanie Bohanna appeals from the judgment entered after the trial court granted summary judgment in favor of defendant Clifford Francone. We will affirm.

FACTS AND PROCEDURAL HISTORY

Summary of Facts

Francone owns a single family three bedroom home in Fresno, which he purchased to rent to others. In August 2001, Francone entered into a month-to-month rental agreement with Wayne Pikul, in which Pikul agreed to rent the home for $700 per month. The agreement stated that only one person was to live in the house, and no one else could live there or sublet the home without Francone's prior written permission. The agreement further provided that violation of the agreement could be cause for eviction. Under the agreement, Pikul was responsible for paying the utilities and maintaining the residence and yards.

When Francone and Pikul entered into the rental agreement, Keith Pack, who had been living at the home as a tenant, remained a tenant and paid rent to Pikul. Sometime later, Pikul told Francone he was subletting one of the home's bedrooms to his employee, Jeff Williams.^[1] Since Francone had no prior problems with Pikul and Williams was someone Pikul employed, Francone agreed to the arrangement, but never entered into a written agreement with, or received rental payments directly from, Williams. Pikul continued to pay all rent directly to Francone. Francone has never met Williams. Pikul, who knew Williams was on social security disability because he had bipolar disorder, only told Francone Williams was on disability, not that he was bipolar.

According to Pack, Williams had a violent temper and struck him one time with his fist without any provocation. Because of this incident, Pack moved out of the home in September 2002. Sometime between August 2001 and September 2002, Pack made one police report due to Williams's conduct. When Pack moved out of the house, he called Francone to ask him for a reference. Pack told Francone that he was â€