Judge: Elaine W. Mandel, Case: 23SMCV01850, Date: 2023-09-27 Tentative Ruling

Case Number: 23SMCV01850    Hearing Date: October 10, 2023    Dept: P

Tentative Ruling

Viewsign Investments, Inc. v. Dr. T. House, LLC et al., Case No. 23SMCV01850

Hearing Date October 10, 2023

Plaintiff Viewsign’s Motion for Summary Judgment

Plaintiff Viewsign moves for summary judgment in this unlawful detainer action. On September 27, 2023 the court granted Viewsign’s motion for an order compelling responses to written discovery and deeming the matters in the RFAs admitted. Viewsign argues the admitted matters establish a prima facie case for unlawful detainer.

Pursuant to the court’s September 27, 2023 order, House admitted it is still in possession of the property, leased the property from Viewsign, owes $39,768.43 in unpaid rent, was served a proper three-day notice to pay rent or quit by Viewsign, did not pay the outstanding rent after receiving notice, and the complaint was served on its agent after the notice expired. Viewsign Exhibit B, pg. 2-4. These admissions establish the elements of unlawful detainer, shifting the burden to House. Since House does not oppose the motion, it cannot carry its summary judgment burden. GRANTED.