Judge: Elaine W. Mandel, Case: 22SMCV01704, Date: 2022-10-31 Tentative Ruling

Case Number: 22SMCV01704    Hearing Date: October 31, 2022    Dept: P

Tentative Ruling

Lichtig, Trustee of The Gary Lichtig Living Trust v. Vandervelde, Case No. 22SMCV01704

Hearing date October 31, 2022

Plaintiff’s Motion for Judgment on the Pleadings

Landlord plaintiff filed this unlawful detainer failure to pay rent case. Defendants were served with two notices to pay rent of $40,800 or quit, per plaintiff. Compl. pp. 9a. (1), 10, 12; Exhib. 2. On October 21, 2022 plaintiff served this motion.

Plaintiff moves for judgment on the pleadings, pursuant to Code of Civil Procedure sec. 438(c)(1)(A), arguing the complaint states facts sufficient to constitute a cause of action and the answer does not state facts sufficient to constitute a defense. Plaintiff argues a general denial is insufficient where a complaint for unlawful detainer seeks more than $1,000.

The standard for a motion for judgment on the pleadings is the same as that for a general demurrer -- under the state of the pleadings, together with matters that may be judicially noticed, it appears a party is entitled to judgment as a matter of law. Bezirdjian v. O’Reilly (2010) 183 Cal.App.4th 316, 321-322, citing Schabarum v. California Legislature (1998) 60 Cal.App.4th 1205, 1216.

Code of Civil Procedure section 431.40 subsection (a) states: “Any provision of law to the contrary notwithstanding, in any action in which the demand, exclusive of interest, or the value of the property in controversy does not exceed one thousand dollars ($1000), the defendant at his option, in lieu of demurrer or other answer, may file a general written denial and a brief statement of any new matter constituting a defense.”

Defendants have not filed an opposition. However, on 10/27/22, defendants in pro per filed a request to continue the dates for FSC and trial, alleging lack of service. The court will hear from the parties regarding service and related issues.