>PEOPLE ex >rel. > CITY OF SANTA
MONICA v.
GABRIEL



















Filed 7/14/10













CERTIFIED FOR PUBLICATION











IN
THE COURT OF APPEAL OF THE STATE OF CALIFORNIA



SECOND
APPELLATE DISTRICT



DIVISION
ONE




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THE PEOPLE ex rel. CITY OF SANTA MONICA, Plaintiff and Respondent, v. ISAAC GABRIEL, Defendant and Appellant.

B214828 (Los Angeles County Super. Ct. No. SC089233)

APPEAL from
a judgment of the Superior Court
of Los Angeles
County. Lisa Hart Cole, Judge. Affirmed in part and reversed in part.

Lund Law
Group and Patrick L. Lund for Defendant and Appellant.

Marsha
Jones Moutrie, City Attorney, and Adam Radinsky, Deputy City Attorney, for
Plaintiff and Respondent.











___________________________________

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The City of Santa
Monica, on behalf of the People of the State of California,
filed this civil action against
defendant Isaac Gabriel, a landlord, under Business and Professions Code
section 17200 et seq. It alleged Gabriel
sexually harassed a tenant, entered tenants' units without permission, and
rented uninhabitable space as living quarters.
After a trial to the court, Gabriel was enjoined from having direct contact
with tenants for five years, assessed a civil penalty, and ordered to pay
plaintiff's attorney fees. On appeal,
Gabriel contends sexual harassment is not a business practice, the trial court
erred in admitting evidence of past bad acts, and no authority supports the
award of attorney fees.

We reverse the attorney fees award
but otherwise affirm.



BACKGROUND



Gabriel bought two multi-unit
residential properties in Santa Monica
in 1995. In 1998 he was convicted for
unlawfully taking a tenant's personal property and changing the locks. He was ordered to perform 100 hours of
community service. In 2004, a civil
judgment in the amount of $81,690 plus attorney fees was obtained by tenants
against him for illegal rent collection.
In 2006, the City of Santa Monica,
on behalf of the People, obtained a civil
judgment for unfair practices committed from 2002 to 2004. Gabriel was assessed $40,000 in civil
penalties and $43,000 in attorney fees.

In the current action, the People
asserted one cause of action under the unfair competition laws. (UCL; Bus. & Prof. Code, § 17200 et
seq.) They alleged that on numerous
occasions in 2005 and 2006, Gabriel sexually harassed a tenant, a violation of
Santa Monica Municipal Code (SMMC) part 4.56.020(j), Penal Code section 243.4,
subdivision (e)(1), and Civil Code section 51.9. The People further alleged Gabriel made
unlawful entries into tenants' units, in violation of SMMC part 4.56.020(d) and
(l), and received payments for renting a utility closet as living quarters, a
violation of SMMC part 8.96.050(a)(3).
The People sought an injunction, appointment of a receiver to manage
Gabriel's multi-unit, residential properties, civil penalties, costs of suit,
and attorney fees pursuant to SMMC part 4.56.040(d). At trial, the court heard testimony from a
tenant that Gabriel gave her unwanted hugs and kisses on several occasions
while accepting her tenancy application and collecting the rent. She testified he was â€