Judge Holly J. Fujie, Case Number: 23STUD02503, Date: 2023-10-20 Tentative Ruling

The Court has considered the moving papers. No opposition papers were filed. Any opposition papers were required to have been filed and served at least 14 days before the hearing under California Code of Civil Procedure (“CCP”) section 437c, subdivision (b)(2).

This action arises out of a landlord/tenant relationship. On March 10, 2023, Plaintiff filed a complaint (the “Complaint”) for unlawful detainer. On October 9, 2023, Plaintiff filed a motion for summary judgment (the “Motion”).

Under CCP section 1170.7, a motion for summary judgment may be made at any time after the answer is filed upon giving five days notice. (CCP §1170.7.) Summary judgment shall be granted or denied on the same basis as a motion under CCP section 437c. (Id.)

The function of a motion for summary judgment or adjudication is to allow a determination as to whether an opposing party cannot show evidentiary support for a pleading or claim and to enable an order of summary dismissal without the need for trial. (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 843.) CCP section 437c, subdivision (c) requires the judge to grant summary judgment if all the evidence submitted and all inferences reasonably deducible from the evidence and uncontradicted by other inferences or evidence show that there is no triable issue as to any material fact and that the moving party is entitled to judgment as a matter of law. (Adler v. Manor Healthcare Corp. (1992) 7 Cal.App.4th 1110, 1119.)

A plaintiff moving for summary judgment or summary adjudication meets the burden of showing that there is no defense to a cause of action if the plaintiff has proved each element of the cause of action entitling them to judgment on that cause of action. (CCP § 437c, subd. (p)(1).) Courts liberally construe the evidence in support of the party opposing summary judgment and resolve doubts concerning the evidence in favor of the opposing party. (Dore v. Arnold Worldwide, Inc. (2006) 39 Cal.4th 384, 389.)

Once the moving party has met its burden, the burden shifts to the opposing party to show that a triable issue of one or more material facts exists as to that cause of action or a defense thereto. To establish a triable issue of material fact, the party opposing the motion must produce substantial responsive evidence. (Sangster v. Paetkau (1998) 68 Cal.App.4th 151, 166.) The opposition papers must include a separate statement that responds to each of the material facts that the moving party claims to be undisputed. (CCP § 437c, subd. (b)(3).) If the opposing party disputes a fact, then the opposing party must reference supporting evidence. (Id.)

Under CCP section 1161, subdivision (2), a tenant is guilty of unlawful detainer when the tenant continues in possession, in person or by subtenant, without the permission of the landlord, or the successor in estate of the landlord, if applicable, after default in the payment of rent, pursuant to the lease or agreement under which the property is held, and three days' notice, excluding Saturdays and Sundays and other judicial holidays, in writing, requiring its payment, stating the amount that is due, the name, telephone number, and address of the person to whom the rent payment shall be made, and, if payment may be made personally, the usual days and hours that person will be available to receive the payment (provided that, if the address does not allow for personal delivery, then it shall be conclusively presumed that upon the mailing of any rent or notice to the owner by the tenant to the name and address provided, the notice or rent is deemed received by the owner on the date posted, if the tenant can show proof of mailing to the name and address provided by the owner), or the number of an account in a financial institution into which the rental payment may be made, and the name and street address of the institution (provided that the institution is located within five miles of the rental property), or if an electronic funds transfer procedure has been previously established, that payment may be made pursuant to that procedure, or possession of the property, shall have been served upon the tenant and if there is a subtenant in actual occupation of the premises, also upon the subtenant. (CCP § 1161, subd. (2).)

In support of the Motion, Plaintiff provides evidence that it is the owner of residential real property (the “Property”) that Defendants occupy pursuant to a written lease agreement. (Separate Statement of Undisputed Material Facts (“UMF”) 1-2.) Defendants failed to pay monthly rent due for the period of April 1, 2022 through April 30, 2022. (UMF 4.) Plaintiff served Defendants with a Three/Thirty-Day Notice to Pay Rent or Quit (the “Notice”) on April 4, 13, 2022. (UMF 5.) Defendants did not pay the past due rent that was demanded in the Notice or vacate the Property. (UMF 7.) Plaintiff has not received rental assistance or other financial compensation from any source for rent that has accrued after the date of the Notice. (UMF 9.) Defendants remain in possession of the Property. (UMF 10.) Plaintiff does not have any pending applications for rental assistance or other financial compensation from any source for rent that has accrued after the date of the Notice. (UMF 11.) The reasonable rental value of the rent is $114.16 per day. (UMF 13.)

The Court finds that Plaintiff has met its burden to show that there are no triable issues of material fact. For this reason and because it is unopposed, the Court GRANTS the Motion. (Sexton v. Superior Court (1997) 58 Cal.App.4th 1403, 1410.)

Parties who intend to submit on this tentative must send an email to the Court at SMC_DEPT56@lacourt.org as directed by the instructions provided on the court website at www.lacourt.org. If the department does not receive an email and there are no appearances at the hearing, the motion will be placed off calendar.

Hon. Holly J. Fujie

Judge of the Superior Court