Judge: John J. Kralik, Case: 23BBCV00356, Date: 2023-05-05 Tentative Ruling

Case Number: 23BBCV00356    Hearing Date: May 5, 2023    Dept: NCB

Superior Court of California

County of Los Angeles

North Central District

Department B

BACKGROUND

A.    Allegations of the Operative Complaint

On February 14, 2023, Plaintiff Milan REI VIII, LLC (“Plaintiff”) commenced this unlawful detainer action against Defendant Claudia Cota, an individual dba Legal Action Group & Associates, Inc. (“Defendant”). 

The action involves the properties located at 6400 Laurel Canyon Blvd., Suite 540, in North Hollywood, CA 91606.  Plaintiff alleges that on January 5, 2022, Defendant agreed to rent the premises at a monthly rent of $5,418 pursuant to a written agreement with Plaintiff.  Pursuant to the lease terms, Defendant’s rent would be reduced by 50% until November 1, 2022.  Plaintiff alleges that Defendant was served with a 3-day notice to pay rent or quit and that on February 7, 2023, the period stated in the notice expired.  Plaintiff alleges that at the time of the 3-day notice, the amount of rent due was $35,217.  Plaintiff seeks possession of the premises, costs incurred in this proceeding, past due rent of $35,217, reasonable attorney’s fees, forfeiture of the agreement, and damages at the fair rental value of the premises of $180.60 per day starting January 1, 2023.      

B.     Motion on Calendar

On April 25, 2023, Plaintiff filed a motion for summary judgment or summary adjudication.  Plaintiff seeks possession of the premises and monetary damages totaling $52,374 as of May 5, 2023 (the date of the hearing) and increasing at the rate of $180.60 per day after May 5, 2023 until judgment is entered.

The Court is not in receipt of a written opposition brief.

DISCUSSION 

A.    Unlawful Detainer Defined

CCP § 1161 defines “unlawful detainer” in relevant part as follows:

2. 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(2).) 

            CCP § 1174(b) states in relevant part: “The jury or the court, if the proceedings be tried without a jury, shall also assess the damages occasioned to the plaintiff by unlawful detainer, alleged in the complaint and proved on the trial, and find the amount of any rent due, if the alleged unlawful detainer be after default in the payment of rent. “ 

B.     Merits of Motion

Plaintiffs moves for summary judgment on its unlawful detainer complaint against Defendant regarding the property located at 6400 Laurel Canyon Blvd., Suite 540 (“Subject Premises”). Plaintiff argues that it is entitled to summary judgment for its unlawful detainer action because Defendant has not paid the unpaid rent owed as set forth in the notice and remains in possession without Plaintiff’s permission. 

In support of the motion, Plaintiff provides the declaration of Hanh Truong, who is an employee of Milan Capital Management, Inc., the property manager and authorized agent for Plaintiff (owner of Subject Premises).  (Truong Decl., ¶1.)  Declarant states that he has overseen the management of the 6400 Laurel Canyon Boulevard building where the Subject Premises is located on behalf of Plaintiff since the time the subject lease was executed.  (Id., ¶3.)  He states that on January 5, 2022, Plaintiff entered into the lease agreement with Defendant for the Subject Premises and that he manages the Subject Premises for Plaintiff.  (Id., ¶4, Ex. A [Lease].)  He states that Defendant paid the initial amounts due under the Lease and paid rent for the month of March 2022, but Defendant has not paid the unpaid rent coming due for the Subject Premises since April 2022.  (Id., ¶5.)  He states that the payment for rent for April 2022 was returned for insufficient funds and Defendant has not made payments since that time.  (Id.)  Declarant states that as of February 1, 2023, Defendant was indebted to Plaintiff in the amount of $35,217 and that with legal charges and late fees of $6,510.87, the total balance due was $41,727.87.  (Id., ¶6, Ex. B [Ledger].)  He states that on February 1, 2023, he caused to be served on Defendant, via counsel for Plaintiff, a three-day notice to pay rent or quit the premises (“Notice”) for past due rent in the amount of $35,217 (without late charges and legal fees).  (Id., ¶7, Ex. C [Notice].)  Declarant states that the daily fair rental value of the Subject Premises at the time of filing the complaint was $180.60 per day (or $5,418 base monthly rent, divided by 30 days).  (Id., ¶8.)  He states that Defendant has not made any payments since the Notice was served and that Defendant has not vacated the property, such that Defendant remains in possession to this day.  (Id., ¶9.)  He states that an additional holdover damages of $17,157 is due since the January 31, 2023time period covered by the Notice.  (Id., ¶10.)  He states that the time between the Notice (February 1, 2023) to the date of the hearing (May 5, 2023) is 3 months, plus 5 days, such that the additional balance was calculated by multiplying the $5,180 monthly rental figure by 3 and adding 5 days at the daily fair rental value of $180.60.  (Id., ¶10.)  Thus, total, Plaintiff seeks $52,374 from Defendant ($35,217 provided in the Notice, plus $17,157 holdover damages).  (Id., ¶11.) 

Here, Plaintiff has established its burden that Defendant failed to make rental payments as agreed in the Lease and failed to cure the default after receipt of the 3-day notice.  Plaintiff has established the elements of an unlawful detainer claim for the commercial property at issue. 

As such, the burden shifts to Defendant to raise a triable issue of material fact.  The Court is not in receipt of an opposition brief.  The Court notes that Defendant may present an oral opposition at the time of the hearing or file a written opposition one day before the hearing, pursuant to CRC Rule 3.1351.  At this time, the Court is not in receipt of a written opposition brief, such that Defendant has not raised triable issues of material fact.  Accordingly, the motion for summary judgment is granted.  

CONCLUSION AND ORDER 

Plaintiff Milan REI VIII, LLC’s motion for summary judgment or summary adjudication is granted. 

Plaintiff is ordered to lodge with the Court and serve on Defendant a proposed judgment within ten (10) days and to provide notice of this order.

Plaintiff shall provide notice of this ruling.