Judge: Eddie C. Sturgeon, Case: 37-2020-00003698-CU-OR-CTL, Date: 2023-08-18 Tentative Ruling
SUPERIOR COURT OF CALIFORNIA,
DEPT.:
EVENT DATE:
EVENT TIME:
HALL OF JUSTICE
TENTATIVE RULINGS - August 17, 2023
08/18/2023 09:00:00 AM C-67 COUNTY OF SAN DIEGO
JUDICIAL OFFICER:Eddie C Sturgeon
CASE NO.:
CASE CATEGORY:
EVENT TYPE:
CASE TITLE: CASE TYPE:
Civil - Unlimited Other Real Property Summary Judgment / Summary Adjudication (Civil) 37-2020-00003698-CU-OR-CTL INDUSTRIAL COURT BUILDING LLC VS MLR HOLDINGS LLC [IMAGED] CAUSAL DOCUMENT/DATE FILED: Motion for Summary Judgment and/or Adjudication, 01/23/2023
Plaintiff Industrial Court Building, LLC's Motion for Summary Judgment is GRANTED. Plaintiff's request for judicial notice is granted. Plaintiff's objection to Geri Lawson's Declaration, paragraph 10 is granted for lack of foundation.
The moving party bears the initial burden of production to make a prima facie showing that there are no triable issues of material fact. (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850.) A prima facie showing is one that is sufficient to support the position of the party in question; 'no more is called for.' (Id. at 851.) The moving party must show that the undisputed facts, when applied to the issues framed by the pleadings, entitle the moving party to judgment. (Juge v. County of Sacramento (1993) 12 Cal.App.4th 59, 66.) If the moving party carries this burden, it causes a shift, and the opposing party is then subject to its own burden of production to make a prima facie showing that a triable issue of material facts exists. (Aguilar, supra, 25 Cal.4th at 850.) Courts must view the evidence and inferences 'in the light most favorable to the opposing party.' (Id. at 843.) In an unlawful detainer proceeding, a landlord is entitled to recover as damages the reasonable value of the use of the premises during the time of the unlawful detainer. (Adler v. Elphick (1986) 184 Cal.App.3d 642, 229.) A landlord 'is entitled to damages for the unlawful detainer predicated upon the fair rental value of the property.' (Lehr v. Crosby (1981) 123 Cal.App.3d Supp. 1, 8.) 'The amount agreed between the parties as rent is evidence of the rental value of the property.' (Id. at 9; Superior Motels, Inc. v. Rinn Motor Hotels, Inc. (1987) 195 Cal.App.3d 1032, 1066-1067.) However, even though the amount agreed is evidence, the actual fair market value and damages in an unlawful detainer case 'may be greater or less than the rent provided for in the lease.' (Lehr, supra, 123 Cal.App.3d Supp. 1, 9 [quoting Harris v. Bissell (1921) 54 Cal.App. 307, 312] [internal quotations omitted].) On March 19, 2021, the court granted Plaintiff's motion for summary judgment as to possession in this unlawful detainer action. Plaintiff now seeks damages in holdover rent for the approximately 78 days Defendant unlawfully detained the property. The final rent under the Lease was set at $13,321.29 per month or $443.74 per day. Accordingly, Plaintiff calculates damages at $34,611.72.
In opposition Defendant makes two main arguments: (1) Plaintiff's managing member, Gary Robinson, had previously forgiven rents and therefore whether rent is owed for the holdover period is in question; and (2) the amount owed should be decreased due to the COVID-19 pandemic.
First, Mr. Robinson's letter (ROA 168, Lawson Decl., Ex. B) only pertains to past due rent as of January 2019 and has no bearing on the rent due for the unlawful detention period between December 2020 and Calendar No.: Event ID: TENTATIVE RULINGS
2928792 3 CASE NUMBER: CASE TITLE: INDUSTRIAL COURT BUILDING LLC VS MLR HOLDINGS LLC [IMAGED] 37-2020-00003698-CU-OR-CTL March 2021.
Second, although the COVID-19 pandemic certainly had a nationwide impact on businesses, Defendant has not offered any admissible evidence as to the impact on rental values in San Diego County. As such, the lease remains the lone unrebutted evidence to support damages.
The motion is granted and damages are set at $34,611.72.
Calendar No.: Event ID: TENTATIVE RULINGS
2928792 3