Judge: Cherol J. Nellon, Case: 23STCV27906, Date: 2024-01-05 Tentative Ruling

Case Number: 23STCV27906    Hearing Date: March 11, 2024    Dept: 14

brick Lofts

Case Background

Residential Unlawful Detainer

            On January 5, 2024, Plaintiff filed its form First Amended Complaint in Unlawful Detainer against Defendants Floyd A. Davis IV (“Davis”) and DOES 1-10.

            On January 16, 2024, Defendant Davis filed his Answer.

            Jury Trial is currently set for March 11, 2024.

Demurrer

Defendant Davis now moves for summary judgment on the grounds that the damages request is excessive.

Decision

            The motion is DENIED.

Discussion

            Defendant Davis brings this motion on the grounds that Plaintiff is barred by res judicata from recovering rent for April 2023 as part of its damages. Plaintiff disagrees. However, this matter is not an appropriate subject for summary judgment.

            Code of Civil Procedure § 1170.7 permits a motion for summary judgment in unlawful detainer cases. With the exception of the notice period, such a motion is to be governed by Code of Civil Procedure § 437c.

            Code of Civil Procedure § 437c(a) only permits a motion for summary judgment “if it is contended that the [entire] action has no merit.” Code of Civil Procedure § 437c(f) permits the court to adjudicate a portion of the action only if granting the motion woud “completely” dispose of a cause of action or defense.

            The reduction of Plaintiff’s available damages is not a permissible topic for summary judgment or summary adjudication.