Judge: Elaine W. Mandel, Case: 24SMCV01594, Date: 2025-03-19 Tentative Ruling

Case Number: 24SMCV01594    Hearing Date: March 19, 2025    Dept: P

Tentative Ruling

Stroden v. Efraim, Case no. 24SMCV01594

Hearing date March 19, 2025

Defendant Efraim’s Motion for Summary Judgment

Plaintiff Stroden sues defendant Efraim for forcible entry and detainer. Plaintiff rented a residential unit from defendant, who he alleges forcibly re-entered the unit, depriving him of the unit and his possessions. Defendant asserts the property was abandoned and moves for summary judgment. The motion is unopposed.

Pursuant to Cal. Code Civ. Proc. §437c(a)(1) a party may move for summary judgment if it is contended the action has no merit. Pursuant to §437c(f)(1) a court may summarily adjudicate causes of action. A motion for summary judgment shall be granted if there is no triable issue of material fact, and the record establishes as a matter of law, plaintiff cannot prevail on a cause of action. Cal. Code Civ. Proc. §437c(c). A defendant has met its burden of showing a cause of action has no merit if it shows one or more elements of the cause of action cannot be established. Once defendant meets its burden, the burden shifts to plaintiff to show a triable issue of material fact as to the cause of action. Cal. Code Civ. Proc. §437c(p)(2).

Forcible entry and detainer is a summary proceeding to recover possession of premises forcibly or unlawfully detained. The inquiry is confined to the actual peaceable possession of plaintiff, and the unlawful or forcible ouster or detention by defendant; the object of the law being to prevent the disturbance of the public peace, by the forcible assertion of a private right. McCauley v. Weller (1859) 12 Cal 500; Davis v. Mitchell (1867) 34 Cal. 81.

Defendant argues the property was abandoned, automatically terminating plaintiff’s tenancy. A landlord of leased property may establish abandonment by a special statutory procedure, which provides that if landlord follows the procedure, the tenancy is automatically deemed abandoned by the tenant. See Cal. Civ. Code §§1951.2, 1951.3. These procedures require the landlord to send notice to the tenant that the landlord believes the property has been abandoned. Cal. Civil Code 1951.3(b). If tenant does not respond, landlord may reenter and take possession without need to file an unlawful detainer action and obtain a writ of possession. Cal. Civ. Code §1951.3.

Defendant served a Notice of Belief of Abandonment as required by Cal. Civ. Code §1951.3(d). SSMF 6. Defendant served a Notice of Right to Reclaim Abandoned Property per Cal. Civ. Code §1984. SSMF 7. The notice was mailed to plaintiff’s last known address and expired 18 days later, on 11/20/23. SSMF 8. Defendant complied with the requirements of Cal. Civ. Code §1951, establishing abandonment. As the motion is unopposed, plaintiff has not established the necessary elements of peaceable possession per McCauley, supra.

Once a residential lease is deemed abandoned, landlord may retake possession without filing an unlawful detainer or obtaining a writ of possession. See Martin v. Cassidy (1957) 149 Cal. App. 2d 106. Counsel communicated 11/29/23, 9 days after the expiration of the notice. SSMF 10. Defendant re-entered the property and removed plaintiff’s personal property to a storage facility 12/7/23. Id. Plaintiff reclaimed his personal property 2/12/24. Id.

As the motion is unopposed, plaintiff has not established the necessary element of unlawful or forcible ouster. Defendant’s motion GRANTED.