Anticevich v. Livacich
Filed 8/24/06 Anticevich v. Livacich CA4/3
NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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
FOURTH APPELLATE DISTRICT
DIVISION THREE
| JOSEPH ANTICEVICH, Plaintiff and Respondent, v. LORRAINE LIVACICH, Defendant and Appellant. | G036160 (Super. Ct. No. 05CC01273) O P I N I O N |
Appeal from a judgment of the Superior Court of Orange County, William M. Monroe, Judge. Affirmed in part, reversed in part.
Millar, Hodges & Bemis and Richard W. Millar, Jr., for Defendant and Appellant.
David G. Jimenez for Plaintiff and Respondent.
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Lorraine Livacich (Lorraine) appeals from an adverse judgment in an unlawful detainer action brought by Joseph Anticevich to obtain possession of the subject property and recover damages of more than $58,000 in past due rent. The judgment also was entered by default against John Livacich (John), the respondent in pending dissolution proceedings initiated by Lorraine, and Thomas Olmstead, Lorraine's long-time guest in the residence.[1] Neither John nor Olmstead are parties to this appeal. Thus this decision does not affect the judgment against them. With regard to Lorraine, we affirm the part of the judgment giving Anticevich possession of the property, but reverse the monetary award. Lorraine was not Anticevich's tenant, hence, she had no obligation to pay him rent.
FACTS
During their marriage, Lorraine and John owned a condominium in San Clemente. In early 1994, they sold the unit to Anticevich, who is John's cousin and general manager of his business. At about the same time, under the terms of a lease agreement signed by Anticevich and John, Anticevich rented the property back to John on a month-to-month basis. Concurrently, Anticevich, as owner of the Livacich family residence, stipulated to Lorraine's motion re: joinder in the dissolution action describing the home as â€
