Jin and Yu v. Pup Pup Hooray CA4/3
This is an appeal from a judgment for the landlord, Jin and Yu, LLC, in an unlawful detainer action. Appellant and tenant Pup Pup Hooray, LLC, objects to the trial court’s decision on 14 grounds, many of which are related to compliance with the statutory procedure mandated for instituting an unlawful detainer lawsuit. The other grounds dispute the amount of the award in back rent and holdover damages.
Some of Pup Pup’s objections are making their first appearance in this court, and there is the unavoidable impression of things being thrown against the wall in the hope that something will stick. As an appellate strategy, this does not recommend itself.
The rule governing the issues in this case is a simple one: A commercial tenant cannot remain in possession and not pay rent. Whatever other disputes a tenant has with the landlord, if you stay, you pay.
The trial court found that Pup Pup had stayed without paying. It granted Jin judgment for back rent and holdover damages.
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