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LESLIE A. GARBER v. JULIANNE JONES LEVIT

LESLIE A. GARBER v. JULIANNE JONES LEVIT
07:24:2006

LESLIE A. GARBER v. JULIANNE JONES LEVIT





Filed 6/13/06



CERTIFIED FOR PUBLICATION IN THE OFFICIAL REPORTS





IN THE SUPERIOR COURT OF CALIFORINA





COUNTY OF SAN FRANCISCO





APPELLATE DIVISION


















LESLIE A. GARBER,


Plaintiff and Appellant,


v.


JULIANNE JONES LEVIT et al.,


Defendants and Respondents.



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613808



(Super. Ct. No. 613808)




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APPEAL from a judgment of the Superior Court of California, County of San Francisco, Ronald E. Quidachay, Judge. Reversed.


Wiegel & Fried and Clifford E. Fried and John P. Baba for Plaintiff and Appellant.


Nielsen, Merksamer, Parrinello, Mueller & Naylor and John E. Mueller for San Francisco Apartment Association, San Francisco Association of Realtors, and Coalition of Better Housing as Amici Curiae on behalf of Plaintiff and Appellant.


Legal Assistance to the Elderly and Thomas E. Drohan for Defendants and Respondents.


THE COURT*:


Appellant and landlord Leslie A. Garber appeals from the trial court's ruling granting respondent and tenant Julianne Jones Levit's motion to quash service of summons. The underlying residential unlawful detainer action is based on a notice to terminate tenancy under San Francisco Administrative Code chapter 37 (Rent Ordinance), section 37.9 subdivision (a)(8), also known as the â€





Description November 1998 passage of San Francisco Proposition G, which provides that landlords acquiring a 25 percent or greater interest in property after February 21, 1991, may evict tenants in order to occupy the property themselves, superseded 1998 amendment to city rent ordinance imposing a 50 percent ownership requirement for landlords acquiring property after July 1, 1997.
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