Boshernitsan v. Bach
The court held that, although a revocable living trust is not a natural person, its trustees-who are also the settlors and beneficiaries-satisfy the statutory "natural person" requirement and therefore may be treated as the "landlord" under San Francisco's family-move-in eviction ordinance, permitting the eviction action to proceed and clarifying that liability rests with the trustees rather than the trust entity itself.
Date Filed: March 12, 2021
Case Name: Boshernitsan v. Bach
Case Number: A159532
Court: California Court of Appeal, First Appellate District, Division One
(‘The court decides whether a revocable living trust’s trustees can be treated as a “landlord” under San\u202fFrancisco’s family‑move‑in eviction provision. It holds that, although a trust is not a natural person, the trustees—who are also the settlors and beneficiaries—qualify as the landlord for purposes of the ordinance, and therefore the eviction action may proceed. This ruling clarifies that trustees, not the trust entity itself, satisfy the “natural person” requirement, shaping how landlords who hold property through revocable trusts must plead and defend unlawful‑detainer actions in California probate and landlord‑tenant practice.’, ‘1af074c1’)
This case summary was prepared for educational purposes. For the authoritative version, please refer to the full opinion or the official California Courts website.