Judge: Elaine W. Mandel, Case: 22SMCV00752, Date: 2022-11-01 Tentative Ruling

Case Number: 22SMCV00752    Hearing Date: November 1, 2022    Dept: P

Tentative Ruling

LCR 1308-1312 Abbot Kinney v. Venice Caregiver, Inc., Case No. 22SMCV00752

Hearing Date: November 1, 2022

Defendant Venice Caregiver’s Motion to Strike First Amended Complaint

Landlord LCR 1308-1312 Abbot Kinney filed this unlawful detainer case against Venice Caregiver for failure to pay rent. Plaintiff sues for possession and past due rent. Defendant moves to strike the FAC, alleging failure to properly verify. Code Civ. Proc. § 446, 1166.

Code of Civil Procedure section 1166(a)(1) states unlawful detainer complaints must be verified. Code of Civil Procedure section 446(a) states: “[w]hen a corporation is a party, the verification may be made by any officer thereof.”

Plaintiff’s LLC is comprised of a limited partnership, Le Cirque Rogue, LP. FAC, p. 6. Le Cirque has a single general partner, Treehouse Real Estate Investment Trust. FAC, p. 6. The president of Treehouse is Raymond Lewis, who verified the FAC. He is a proper party to verify, per Code Civ. Proc. §446(a).

The verification states “Verified Complaint for Unlawful Detainer[,]” not the operative First Amended Verified Complaint. This appears to be a ministerial mistake; plaintiff may file an amended verification to the FAC within 5 court days. This is not a sufficient basis to grant the motion. DENIED.