Judge: Jon R. Takasugi, Case: 22STCV21061, Date: 2022-08-29 Tentative Ruling

Case Number: 22STCV21061    Hearing Date: August 29, 2022    Dept: 17

Superior Court of California

County of Los Angeles

DEPARTMENT 17

TENTATIVE RULING

Defendant’s demurrer is SUSTAINED, WITHOUT LEAVE TO AMEND.

            On 6/28/2022, Plaintiff 2010 East 7^th Street, LLC (Plaintiff) filed an unlawful detainer against Sensu, Inc. (Defendant). 

            Now, Defendant demurs to Plaintiff’s Complaint.

Legal Standard

A demurrer for sufficiency tests whether the complaint states a cause of action.¿ (Hahn v. Mirda (2007) 147 Cal.App.4th 740, 747 (Hahn).) ¿When considering demurrers, courts read the allegations liberally and in context.¿ (Taylor v. City of Los Angeles Dept. of Water and Power¿(2006) 144 Cal.App.4th 1216, 1228.)¿ In a demurrer proceeding, the defects must be apparent on the face of the pleading or via proper judicial notice.¿ (Donabedian v. Mercury Ins. Co. (2004) 116 Cal.App.4th 968, 994.)¿ “A demurrer tests the pleadings alone and not the evidence or other extrinsic matters.¿ Therefore, it lies only where the defects appear on the face of the pleading or are judicially noticed.”¿ (SKF Farms v. Superior Court (1984) 153 Cal.App.3d 902, 905.)¿ “The only issue involved in a demurrer hearing is whether the complaint, as it stands, unconnected with extraneous matters, states a cause of action.”¿ (Hahn, supra, 147 Cal.App.4th at p. 747.) 

Discussion

Ordinance 186606 provides:

During the Local Emergency Period and for three months thereafter, no Owner shall endeavor to evict or evict a tenant of Commercial Real Property for non-payment of rent during the Local Emergency Period if the tenant is unable to pay rent due to circumstances related to the COVID-19 pandemic. These circumstances include loss of business income due to a COVID-19 related workplace closure, child care expenditures due to school closures, health care expenses related to being ill with COVID-19 or caring for a member of the tenant's household or family who is ill with COVID-19, or reasonable expenditures that stem from government-ordered emergency measures. Tenants shall have up to three months following the expiration of the Local Emergency Period to repay any rent deferred during the Local Emergency Period. Nothing in this article eliminates any obligation to pay lawfully charged rent. No Owner shall charge interest or a late fee on rent not paid under the provisions of this article.

            (§ 49.99.3.)

            Defendant argues that Plaintiff cannot state a claim for unlawful detainer as a matter of law because the City of Los Angeles enacted pandemic-related commercial tenant protections—codified in Ordinance Nos. 186585 and 186606—that expressly bar the instant action and prohibit Plaintiff from attempting to evict, or evicting, Defendant Sensu from the premises.

            In opposition, Plaintiff argues these Ordinances are no longer legally effective, and cites the City of Los Angeles’ April 13, 2022 “Report of the Chief Legislative Analyst” to the Los Angeles City Council (the Report.) In this Report, commissioned by the City Council, the City Attorneys’ office set forth the following conclusion: "The City Attorney's Office now advises that since the Governor failed to extend the order, the provisions in the city ordinance protecting commercial tenants from eviction due to COVID-19 related financial impacts are no longer legally effective.” (Opp., 4: 23-25.)

            However, as noted by Defendant in reply, this legislative report has neither binding nor persuasive authority on this Court. There is no indication that the City Council took any legislative steps based on the Report, such as by revoking or amending the City Ordinance. Nor does Plaintiff argue that the Mayor of Los Angeles declared an end to the Local Emergency Period, as required by section 49.99.3 of the City Ordinance. In fact, despite that Report having been issued in April 2022, the City Council has since extended the State of Emergency Declaration to provide eviction protections for non-payment of rent due to COVID-19 economic impact until August 2023. In so extending the State of Emergency Declaration, the City Council made no indication that these protections applied exclusively to residential evictions.

            In sum, an advisory legislative report from the City Attorney’s office interpreting section 49.99.3 has no binding legal effect or authority. As such, section 49.99.3 remains in effect until it is revoked or amended by the City Council, or three months following the end of the Local Emergency Period. This Court declines to take it upon itself to rule, based on a single legislative report from April 2022, that section 49.99.3 has no legal effect within the City of Los Angeles and that commercial evictions can resume. Tellingly, Plaintiff has not cited any case wherein a Court concluded similarly. This fact, alongside the fact that the City Council’s own actions indicate a belief that section 49.99.3 is still in effect in spite of this Report, indicate that the City’s ordinance protecting commercial tenants from eviction due to COVID-19 related financial impacts remains in effect. 

            Based on the foregoing, Defendant’s demurrer is sustained, without leave to amend. 

It is so ordered.

Dated:  August    , 2022

   Hon. Jon R. Takasugi
   Judge of the Superior Court

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