Kobayashi and Camacho v. Foster
Filed 6/22/06 Kobayashi and Camacho v. Foster CA2/1
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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
SECOND APPELLATE DISTRICT
DIVISION ONE
| YUKI KOBAYASHI and JOE CAMACHO, Plaintiffs and Appellants, v. MARK FOSTER, Defendant and Respondent. | B181743 (Super. Ct. No. BC 306270) |
APPEAL from a judgment of the Superior Court of Los Angeles County. Andria K. Richey, Judge. Affirmed.
________
Law Office of Ephraim O. Obi and Ephraim O. Obi for Plaintiffs and Appellants.
Law Offices of Mitsumori & La Salle and David M. La Salle for Defendant and Respondent.
_________
In this lawsuit, Yuki Kobayashi sued Mark Foster for the fourth time, and Joe Camacho sued Foster for the second time, in a dispute arising out of a six-month sublease of a two-bedroom apartment. The trial court sustained Foster's demurrer to all six causes of action without leave to amend. We affirm.
BACKGROUND[1]
In November 1997, Kobayashi leased a two-bedroom apartment, a garage, a parking space, and a portion of a garden from their owner, Fumi Kiyan. In December 1997, Kobayashi sublet the two-bedroom apartment and the parking space to Foster. The sublease had an initial term of six months, from January 1, 1998, to June 30, 1998. After the initial term, it was to become a month-to-month tenancy, which would not be extended beyond December 31, 2002.
A dispute quickly arose between Kobayashi and Kiyan, leading Kiyan to file an unlawful detainer action against Kobayashi on February 3, 1998 (case number 98U2824). Kiyan initially prevailed in that action and obtained a writ of possession on April 10, 1998, which was served on Kobayashi. On May 1, 1998, after having the locks to the premises changed, Kiyan entered into a lease with Foster. Thereafter, Foster stopped paying rent to Kobayashi and, instead, paid rent directly to Kiyan.
On May 28, 1998, the trial court in Kiyan's unlawful detainer action against Kobayashi granted Kobayashi's motion for a new trial. At the same time, Kiyan filed a request for dismissal of the action without prejudice. The trial court granted the request and entered the dismissal on June 1, 1998.
Next, on August 12, 1998, Kobayashi filed an unlawful detainer action of his own against Foster (Kobayashi v. Foster (Mun. Ct., L.A. County, 1998, No. 98U18404)). The trial court found in favor of Foster, concluding that Kobayashi's â€
