ZK Oakland Properties v. Golden Stream Properties - Unlawful Detainer and Breach of Lease

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March 26, 2026 Get Citation Alerts Download PDF Add Note

ZK Oakland Properties v. Golden Stream Properties CA1/3

California Court of Appeal

• Citations: None known
• Docket Number: A171483

• Precedential Status: Non-Precedential

• Opinion

• Authorities (4)

• Cited By (0)

• Summaries (0)

• Similar Cases (0)

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Combined Opinion

Filed 3/26/26 ZK Oakland Properties v. Golden Stream Properties CA1/3
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for
publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or
ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION THREE

ZK OAKLAND PROPERTIES LLC,
Plaintiff and Respondent,
v. A171483
GOLDEN STREAM PROPERTIES
LLC et al., (Alameda County
Defendants and Appellants. Super. Ct. No. 22CV010031)

MEMORANDUM OPINION
Beginning in November 2019, Golden Stream Properties LLC (Golden)
agreed to lease commercial property from ZK Oakland Properties LLC (ZK)
for 10 years.1 Kwong Lai is the owner and manager of Golden, and he
guaranteed the lease. In December 2021, Golden stopped paying rent but
refused to vacate the property. In May 2022, the trial court issued an
unlawful detainer judgment awarding ZK possession of the property and

1 We resolve this case by memorandum opinion, including only

necessary facts. (Cal. Stds. Jud. Admin., § 8.1; People v. Garcia (2002)
97 Cal.App.4th 847, 851.) We also note that Golden is currently
unrepresented by counsel. (Caressa Camille, Inc. v. Alcoholic Beverage
Control Appeals Bd. (2002) 99 Cal.App.4th 1094, 1101 [corporation cannot
represent itself in court].)

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damages — including rental damages from December 2021 through May 13,
2022.
While the unlawful detainer action was pending, ZK also sued for
breach of lease and guaranty of damages. After a bench trial in April 2024,
the trial court issued a judgment against Golden and Lai. The judgment
awarded damages in the form of “unpaid rent,” “late charges,” “and unpaid
abated rent subject to recapture” accrued from December 2021 through July
13, 2022. But it also provided Golden and Lai “shall receive credit against
the amount of this Judgment for any amounts paid by defendants . . . in
satisfaction of the” unlawful detainer judgment. The final statement of
decision likewise stated ZK was “only entitled to recover its damages once
from [Golden] and/ or LAI. [Golden] and/or Lai would be entitled in this
action to an offset for any damages in this action that might duplicate
damages awarded under a final judgment in the [unlawful detainer] case.”
On appeal, Golden and Lai contend the “trial court erred by awarding
damages that were duplicative of the prior unlawful detainer judgment.”
Assuming error, they have not demonstrated prejudice. (F.P. v. Monier
(2017) 3 Cal.5th 1099, 1108 [judgment not set aside unless error is
prejudicial].) Although they correctly point out that a “ ‘lessor is precluded
from recovering back-due rent associated with a particular time period in [a]
subsequent civil action if such a claim was actually determined on the merits
in [an] unlawful detainer action’ ” (boldface omitted), the court’s judgment
and final statement of decision explicitly preclude such double recovery here.
(Hong Sang Market, Inc. v. Peng (2018) 20 Cal.App.5th 474, 497.) Reversal is
not warranted. (F.P. v. Monier, at p. 1108.)

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DISPOSITION
The judgment is affirmed. ZK shall recover its costs on appeal. (Cal.
Rules of Court, rule 8.278(a)(1) & (2).)

RODRÍGUEZ, J.

WE CONCUR:

TUCHER, P. J.

FUJISAKI, J.

A171483; ZK Oakland Properties LLC v. Golden Stream Properties LLC

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