Judge: Colin Leis, Case: 24STCV27845, Date: 2025-01-09 Tentative Ruling
Case Number: 24STCV27845 Hearing Date: January 9, 2025 Dept: 74
AHST 257 LLC
v. Esmaeilzadeh
Plaintiff AHST 257 LLC’s Motion for
Summary Judgment
BACKGROUND
This
motion arises from an unlawful detainer case.
On
October 23, 2024, Plaintiff AHST 257 LLC (AHST) filed the unlawful detainer
complaint against defendant Saeid Esmaeilzadeh (Defendant).
On
December 16, 2024, AHST filed a motion for summary judgment.
LEGAL STANDARD
In
an unlawful detainer motion, a motion for summary judgment may be made any time
after the answer is filed and with five days’ notice. (Code Civ. Proc. § 1170.7.) In an unlawful detainer action, the
requirements differ from non-unlawful detainer summary judgment motions as
follows: a separate statement need not be filed in support of or in opposition
to a motion for summary judgment in an unlawful detainer action (CCP § 437c(b),
(s)), the provisions of CCP § 437c(a)-(b) concerning the time for making and
hearing the motion (see §§ 13.12-13.16) do not apply to unlawful detainer
actions (CCP § 437c(s)), and the provisions for summary judgment set forth in
CCP § 437c do not extend the period for trial in an unlawful detainer action
specified in CCP §1170.5 (CCP §437c(r)).
The
function of a motion for summary judgment or adjudication is to allow a
determination as to whether an opposing party cannot show evidentiary support
for a pleading or claim and to enable an order of summary dismissal without the
need for trial. (Aguilar v. Atlantic
Richfield Co. (2001) 25 Cal.4th 826, 843.) The California Code of Civil Procedure Section
437c(c) “requires the trial judge to grant summary judgment if all the evidence
submitted, and ‘all inferences reasonably deducible from the evidence’ and
uncontradicted by other inferences or evidence, show that there is no triable
issue as to any material fact and that the moving party is entitled to judgment
as a matter of law.” (Adler v. Manor
Healthcare Corp. (1992) 7 Cal.App.4th 1110, 1119.) “The function of the pleadings in a motion
for summary judgment is to delimit the scope of the issues; the function of the
affidavits or declarations is to disclose whether there is any triable issue of
fact within the issues delimited by the pleadings.” (Juge v. County of Sacramento (1993)
12 Cal.App.4th 59, 67, citing FPI Development, Inc. v. Nakashima (1991)
231 Cal. App. 3d 367, 381-382.)
Courts
“liberally construe the evidence in support of the party opposing summary
judgment and resolve doubts concerning the evidence in favor of that party.” (Dore v. Arnold Worldwide, Inc. (2006)
39 Cal.4th 384, 389.)
Plaintiffs’
initial burden of proof, in moving for summary judgment, does not include
disproving affirmative defenses, but instead involves proving each element of a
cause of action. (Oldcastle Precast, Inc.
v. Lumbermens Mutual Casualty Co. (2009) 170 Cal.App.4th 554, 564.
DISCUSSION
The
elements of an unlawful detainer are (1) continued possession after default in
payment of rent pursuant to the lease or agreement and (2) three days’ notice
in writing properly served upon the tenant requiring payment or
possession. (Code Civ. Proc. §
1161(2).) The notice must state the
amount that is due, the name, telephone number, and address of the person to
whom the rent payments shall be made, and if payment may be made personally,
the usual days and hours that person will be available to receive the payment.
According
to the evidence AHST has produced, AHST is the owner of 1139 S. Maple Ave, Ste
1139A, Los Angeles, CA 90015 (Property).
(Harkham Decl., ¶ 2; Ex. 1.) On
July 1, 2021, AHST and Defendant entered into a Commercial Lease Agreement
where Defendant leased the property for $5,200 per month until July 2023, then
$5,356.00 until July 2024. (Harkham
Decl., Ex. 2.) As of December 16, 2024,
Defendant owes $140,735.22 in unpaid rent, and $7,498.26 in holdover
damages. (Harkham Decl., ¶ 3; Ex.
3.) AHST served Defendant with a 3-Day
Notice to Pay or Quit on October 10, 2024.
(Harkham Decl., Ex. 4.) Defendant
did not make any payments after service of the notice. (Harkham Decl., ¶ 7.) Defendant remains in possession of the
premises. (Harkham Decl., ¶ 9.)
AHST
has met its initial burden of proving each element of the cause of action.
Defendant
alleges that a triable issue of fact remains as to whether AHST’s notice
overstates the amount of unpaid rent due.
Defendant states that AHST accepted $20,000 in rent between November
2023 through February 2024.
(Esmaeilzadeh Decl., ¶ 3.) AHST counters
that Defendant’s declaration of payments is inconsistent with Defendant’s
discovery responses to Form Interrogatory 71.3.
(Zadeh Decl., Ex. 8.) While Defendant’s declaration is inconsistent with
Defendant’s discovery responses, AHST’s ledger is also inconsistent with the
payment history alleged in the discovery responses. (Harkham Decl., Ex.
3; Zadeh Decl., Ex. 8.) For example,
Defendant fails to state making any payments for October 2023, November 2023 or
December 2023 in the discovery response, but AHST’s own ledger reports
Defendant made two payments in October 2023, one payment in November, and one
payment in December. (Harkham Decl., Ex.
3; Zadeh Decl., Ex. 8.) The inconsistencies between Defendant’s discovery
responses and Plaintiff’s own ledger suggests that Defendant’s failure to
report November and December payments in Defendant’s discovery responses was
Defendant’s oversight. Given the inconsistencies for and against Defendant’s
own interests – and for and against Plaintiff’s own interests – the Court does
not find that the Plaintiff proved Defendant’s declaration is a “sham
affidavit.”
Defendant
contends that the Notice overstated the rent by 31 percent due to the
unaccounted payments. A Notice to Pay or
Quit that overstates the rent more than 20 percent is defective. (California Code of Civil Procedure §
1161.1(e).) Defendant has met his burden
in establishing that a triable issue of material fact remains.
Therefore,
the Court denies Plaintiffs motion for summary judgment.
CONCLUSION
The
Court denies Plaintiff’s Motion for Summary Judgment.