By Julie Cheever of Bay City News : sfexaminer – excerpt
A state appeals court has overturned a ruling allowing the eviction of North Beach poet Diego De Leo.
A state appeals court in San Francisco has overturned a judgment allowing the eviction of an 83-year-old man who has lived in a cottage in the North Beach district of the city for more than 30 years.
Diego De Leo’s landlord, Martin Coyne, sought in 2016 to evict him by invoking the state’s Ellis Act, which allows owners to go out of the rental business if they withdraw all units on a property from the rental market.
At a Superior Court trial in 2016, a civil jury ruled by a 9-3 vote that Coyne had a good-faith intention to leave the rental market and could therefore evict De Leo.
But in a decision issued on Monday, a three-judge Court of Appeal set aside that verdict. It said De Leo should have been allowed to present evidence on his claim that another tenant on the property received a sham ownership deal, allegedly indicating that Coyne did not have a good-faith intent to go out of rental business.
The ruling clears the way for a new Superior Court eviction trial, also known as an unlawful detainer proceeding, in which De Leo will be able to present the alleged evidence… (more)