Judge: Elaine W. Mandel, Case: 21SMCV02016, Date: 2022-12-09 Tentative Ruling

Case Number: 21SMCV02016    Hearing Date: December 9, 2022    Dept: P

Tentative Ruling
SM 10000 Property, LLC v. Bennett, Case No. 21SMCV02016
Hearing Date December 9, 2022
Plaintiff SM 10000 Property’s Motion for Summary Judgment (UNOPPOSED)

In this unpaid rent case, plaintiff SM 10000 Property alleges defendant tenant Bennett failed to pay rent due pursuant to a residential lease between February 4, 2022 and the present. SM 10000 moves for summary judgment. The motion was set on October 11, 2022 but continued to December 9, 2022, after defendant’s counsel filed a request for disability accommodation.

No opposition has been filed. The court will treat the MSJ as unopposed.

A plaintiff fulfils his or her initial burden on summary judgment by presenting evidence proving all elements of a cause of action. Paramount Petroleum Corp. v. Superior Court (2014) 227 Cal.App.4th 226, 240. A plaintiff moving for summary judgment is not required to disprove affirmative defenses not sufficiently put at issue by a defendant’s answer. Los Angeles Unified School District v. Torres Construction Corp. (2020) 57 Cal.App.5th 480, 507.

SM presents a copy of its written lease agreement with Bennett. Separate Statement 1, 2; Plaintiff’s Exhibit 1. The declaration of Nicole Browne, SM’s Director of Residences states Bennett failed to timely pay all rent due. Separate Statement 14-19, Browne declaration ¶¶4-10. SM presents its Resident Ledger, recording Bennett’s past due rent. Separate statement 20, Notice of Lodgment, exhibit 2.

This is sufficient to establish the elements of a breach of lease cause of action, demonstrating SM and Bennett signed a lease agreement, Bennett did not pay rent, and SM suffered damages. SM meets the initial summary judgment burden. Further, as in Torres, all affirmative defenses are set forth in vague, boilerplate language. No evidence has been presented in support of those defenses. There is no opposition, so Bennett has not carried his burden to show a triable issue of fact. GRANTED.