Kutsuna v. Fuller CA4/3
In 2016, Eisuke “Ace” Kutsuna lost his unlawful detainer action based on unpaid rent against Russ S. Fuller and his company Revolution Supply, Inc. (collectively referred to in the singular as Fuller). We upheld the trial court’s determination Fuller had an affirmative defense to the action because Fuller paid the rent to the Franchise Tax Board (FTB) pursuant to a FTB order stating the property owner owed taxes. (Kutsuna v. Fuller (Nov. __ 2017, G053428) [nonpub. opn.] (Kutsuna I).) While that appeal was pending, Kutsuna filed a second unlawful detainer action against Fuller. After a bench trial, the court again ruled in Fuller’s favor. On appeal, Kutsuna raises some of the same legal challenges discussed in Kutsuna I and several new ones. We conclude all the contentions lack merit and affirm the judgment.
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