Judge: Elaine W. Mandel, Case: 24SMCV03289, Date: 2024-08-16 Tentative Ruling

Case Number: 24SMCV03289    Hearing Date: August 16, 2024    Dept: P

The parties had a cohabitation relationship and there was an agreement for defendant to live there without rent.  Plaintiff filed a UD case based on that agreement and Judge Ford heard it.  Judge Ford granted a motion for judgment on the pleadings with leave to amend.  Plaintiff filed an amended complaint and, after defendant demurred, dismissed the action.  Plaintiff filed the instant action but did allegedly did not tell the assigned court about the prior case. 

Plaintiff’s process server claimed to have served by personal service and posting at 11:50 am, but defendant claims never to have received the notice.  Plaintiff therefore obtained a default judgment based on what defendant contends was false service.  Defendant claims to have eventually found the summons but it was not where it was supposed to be.  Defendant contends that she lives there pursuant to a cohabitation agreement, not a lease.  Even so, plaintiff obtained a writ of possession.  Defendant has asked plaintiff’s counsel for the papers, but plaintiff’s counsel will not provide them.

The problem here is that defendant has not established exigency such that the matter must be heard today.  While there is a writ, there is no evidence that the Sheriff’s office has given notice that it will evict defendant.  In the meantime, plaintiff’s counsel is to serve defendant with the papers filed in the instant case and the UD case electronically forthwith (meaning by day’s end).

Accordingly, the court will CONTINUE the matter to September 5, 2024, at 9:00 am, in Department P.  If plaintiff wishes to file opposition papers, plaintiff may do so no later than August 22, 2024, and defendant may file a reply no later than August 27, 2024.