March 25, 2026
Court of Appeal, Second Appellate District, Division Three
The Rule of Aerni is that section 1940.1 does not require individualized proof that each class member used the hotel as their primary residence; rather, whether a hotel is "residential" is a hotel-wide inquiry based on the character and intended/actual use of the hotel as a whole, under circumstances where plaintiffs seek class certification for claims alleging the "28-day shuffle" practice at residential hotels.
2/27/26
Appellate Division of the Superior Court, State of California, County of Los Angeles
The Rule of 360 So Reeves, LLC v. Jeff Dutton is that a lessor's noncompliance with Civil Code section 1962 is an affirmative defense for which the lessee bears the burden of proof, under circumstances where a successor landlord allegedly failed to provide proper notice of change of ownership and service of process information to a residential tenant.
3/25/26
Court of Appeal, Second Appellate District, Division Three
The Rule of Melissa I. Aerni et al. v. RR San Dimas, L.P., et al. is that Civil Code section 1940.1 does not require individualized proof that each plaintiff used a residential hotel as their own primary residence, under circumstances where plaintiffs seek class certification for violations of the statute's prohibition against the "28-day shuffle."