Judge: Glenn R. Salter, Case: 21-1190968, Date: 2022-11-03 Tentative Ruling

The motion of the plaintiff for summary judgment as to defendant Quynh Nguyen (also known as Dathao Phung) is GRANTED.  The plaintiff’s Request for Judicial Notice is GRANTED.  (ROA 239.)

The defendant’s evidentiary objections to the declarations in support of the motion are OVERRULED.  (ROA 250.)

It is undisputed that the plaintiff leased to the defendant a space in the shopping center for 10 years, from March 1, 2012, to February 28, 2022.  Defendant was responsible for the monthly rent and the CAM, and was subject to a penalty for late fees.  Defendant stopped paying rent in April 2020 and vacated the space, leaving behind her business property.  The lease was never modified or assigned to a third party.  Plaintiff secured a replacement tenant, but that tenant did not begin paying CAM until February 2021 and rent until May 2021.  As a result of the breach, the plaintiff has been damaged in the amount of $273,538.00.

Defendant does not offer any counter evidence.  Her sole defense is to challenge the plaintiff’s evidence by raising numerous evidentiary objections.  However, those objections are overruled.

Accordingly, the plaintiff met its initial burden and the defendant, in response, did not show any triable issues of material fact.

The plaintiff shall prepare the appropriate order and judgment.  The plaintiff shall also give notice.