Judge Kerry Bensinger, Case Number: 24STCV04321, Date: 2024-03-20 Tentative Ruling

This case is a commercial unlawful detainer (“UD”) action by Plaintiff JMF Pershing Square, LLC (“Plaintiff”) against Defendant Home Furniture International, LLC (“Defendant”) for possession of residential real property located at 448 S. Hill Street, Suite 1101-1112, in Los Angeles (the “Property”).

On February 21, 2024, Plaintiff filed a verified UD complaint against Defendant.

On March 6, 2024, Plaintiff filed this motion for summary judgment, or in the alternative summary adjudication against Defendant pursuant to Code of Civil Procedure sections 1170.7 and 437c.

In a UD proceeding, a “motion for summary judgment may be made at any time after the answer is filed upon giving five-days notice. Summary judgment shall be granted or denied on the same basis as a motion under Section 437c.” (Code Civ. Proc., § 1170.7.)

The purpose of a motion for summary judgment “is to provide courts with a mechanism to cut through the parties’ pleadings in order to determine whether, despite their allegations, trial is in fact necessary to resolve their dispute.”¿ (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 843; Code Civ. Proc., § 437c, subd. (c).)¿ A plaintiff reaches its burden on summary judgment by showing prima facie evidence for each element of its cause of action. (Code Civ. Proc, § 437c, subd. (p); Scalf v. D. B. Log Homes, Inc. (2005) 128 Cal.App.4th 1510, 1519.) The burden will then shift to the defendant to show the existence of a triable issue of material fact for at least one element of the cause of action at issue. (Ibid.)

Courts “liberally construe the evidence in support of the party opposing summary judgment or summary adjudication and resolve doubts concerning the evidence in favor of that party.” (Dore v. Arnold Worldwide, Inc. (2006) 39 Cal.4th 384, 389.) However, if all inferences reasonably deducible from the submitted evidence are uncontradicted by other inferences and there is no triable issue as to any material fact, the moving party is entitled to summary adjudication as a matter of law. (Code Civ. Proc., § 437c, subd. (c); Adler v. Manor Healthcare Corp. (1992) 7 Cal.App.4th 1110, 1119.)

A failure to oppose a motion may be deemed a consent to the granting of the motion. (Cal. Rules of Court, rule 8.54(c).)

Plaintiff moves for summary judgment, or in the alternative, summary adjudication, on the ground that Defendant continues to occupy the commercial leased premises located at the Property despite having not paid Plaintiff any rent for the period from September 1, 2023 through February 1, 2024.

To prevail on its motion for summary judgment, Plaintiff needs to show prima facie evidence for each element of its cause of action alleging UD. (Code Civ. Proc, § 437c, subd. (p); Scalf, supra, 128 Cal.App.4th at p. 1519.)

The necessary elements for a cause of action alleging commercial unlawful detainer are: (1) a verified complaint; (2) facts on which the plaintiff seeks to recover; (3) a description of premises with reasonable certainty; (4) the amount of rent in default if the action is based on paragraph Code of Civil Procedure section 1161, subdivision (2); and (5) the specific method used to serve the defendant with the notice or notices of termination.¿ (Code Civ. Proc., § 1166.) A tenant of real property is guilty of unlawful detainer “[w]hen the tenant continues in possession … without the permission of the landlord … after default in the payment of rent, pursuant to the lease or agreement under which the property is held, and three days’ notice … in writing, requiring its payment … shall have been served upon the tenant…” (Code Civ. Proc., § 1161, subd. (2).)

Here, Plaintiff’s evidence shows on May 24, 2022, the parties executed a written lease agreement (the “Lease”) for the Property. (See Papazyan Decl., ¶ 8, Exh. 1.) The term of the Lease was from June 1, 2022 through July 31, 2024. (Id., Exh. 1, § 1.5.) Rent is due on the first day of each month. (Id.) The Lease provides that as of August 1, 2023, rent is $17,300.00 per month, and that all monetary obligations under the Lease are deemed rent, including parking charges. (Id., § 4.1.)

On February 2, 2024, Plaintiff’s counsel served Defendant with a three (3) day notice to pay rent or quit (the “Notice”) for failure to pay rent in the estimated amount of $65,831.27 to cover the period of September 1, 2023 through February 1, 2024.r. (See Papazyan Decl., ¶¶ 14, 17, Exh. 3.) Plaintiff asserts the Notice was served by email, Federal Express, certified mail return receipt requested, and regular mail as provided in the Lease. (See Papazyan Decl., ¶ 17.) Plaintiff provides a copy of the account ledger for Defendant’s account (the “Account Ledger”), which shows that Defendant are in default to Plaintiff in the total amount of $65,831.27, as of February of 2024. (See Papazyan Decl., ¶ 14, 15, Exh. 2.)

Plaintiff asserts that Defendant did not comply with the Notice directing payment of rent on or before February 9, 2024, which is the period stated in the Notice. (See Papazyan Decl., ¶ 20.) Defendant has not paid the rent due at any point after the three-day notice period ended. (Id., ¶ 19.) Defendant remains in possession of the Property. (Id., ¶ 21.) Plaintiff calculates that the Property’s reasonable daily value is $576.66 based on the monthly rate under the Lease. (Id., ¶ 24.)

Based on the foregoing evidence, Plaintiff meets its initial summary judgment burden, and the burden shifts to Defendant to show a triable issue of material facts. (See Scalf, supra, 128 Cal.App.4th at p. 1519.) Defendant has not filed opposition.

The court GRANTS Plaintiff JMF Pershing Square, LLC’s motion for summary judgment as to its cause of action for unlawful detainer against Defendant Home Furniture International, LLC.

Judgment is hereby ENTERED in favor of Plaintiff JMF Pershing Square, LLC and against Defendant Home Furniture International, LLC in the principal amount of $65,831.27 and for possession of real property located at 448 S. Hill Street, Suite 1101-1112, in Los Angeles.

The rental agreement is ORDERED canceled. Plaintiff may submit to the clerk, forthwith for processing, a writ of possession for 1448 S. Hill Street, Suite 1101-1112, in Los Angeles. Plaintiff may also submit a formal judgment for the court’s signature.

Kerry Bensinger

Judge of the Superior Court