Judge: Alison Mackenzie, Case: 23STCV11351, Date: 2024-05-01 Tentative Ruling

Case Number: 23STCV11351    Hearing Date: May 1, 2024    Dept: 55

NATURE OF PROCEEDINGS: Motion of Plaintiff Omninet Kipling, L.P. for Summary .Judgment.

BACKGROUND

OMNINET KIPLING, L.P. (“Plaintiff”) brings this case against MARYLINE BENAVIDEZ and GLENN VALERIO (“Defendants”), alleging that Plaintiff, as landlord, and Defendants, as tenants, entered into a written lease of 4077 W. 3rd Street, #524, Los Angeles, but defendants failed to pay rent due. The cause of action is Breach of Written Lease.

Plaintiff requests an order granting summary judgment in the sum of $24,667.11, against Defendants, because Plaintiff has established all of the elements for breach of lease.

LEGAL STANDARD

In a motion for summary judgment, plaintiffs may shift the burden of proof to the opposition by submitting evidence as to every element of the cause of action. WRI Opportunity Loans II, LLC v. Cooper (2007) 154 Cal.App.4th 525, 532. “’It is not plaintiff's initial burden to disprove affirmative defenses . . . asserted by defendant.’" Consumer Cause v. Smilecare (2001) 91 Cal.App.4th 454, 473. 

ANALYSIS

The elements of a claim for breach of an agreement are (1) existence of the contract, (2) plaintiff’s performance, (3) defendants’ breach, and (4) resulting damage. Wall Street Network, Ltd. v. N. Y. Times Co. (2008) 164 Cal.App.4th 1171, 1178.

Here, Plaintiff’s statement of undisputed facts establishes all the elements for breach of a lease. All elements of the claim are in evidence, including the lease agreement, Plaintiff’s performance by leasing the apartment, the lessees’ breach by not paying rent and other amounts, and damages including lost rent. See Sep. Stmt. Of UMF Nos. 1-5.

Therefore, the Court determines that the burden has shifted to Defendants to raise any triable issues of material fact. Defendants did not oppose the motion, let alone produce any evidence regarding any triable issue of fact.

CONCLUSION

Therefore, the Court grants the unopposed motion. The Court will sign the proposed order submitted with Plaintiff’s motion.