Judge: Kevin C. Brazile, Case: 23STCV28155, Date: 2024-01-31 Tentative Ruling

Hearing Date: January 31, 2024

Case Name: 3775 Broadway, LLC v. Butcher Paper Holding Group, LLC, et al.

Case No.: 23STCV23451 

Matter: Motion for Summary Judgment

Moving Party: Plaintiff 3775 Broadway, LLC

Responding Party: Unopposed

Notice: OK

Ruling: The Motion for Summary Judgment is granted.

Moving party to give notice.

If counsel do not submit on the tentative, they are strongly 

encouraged to appear by LACourtConnect rather than in person due to the COVID-19 pandemic. 

This is an unlawful detainer action.  Plaintiff 3775 Broadway, LLC seeks summary judgment against third-party claimant, Bruce Hutchison.

Because there is no opposition, it would seem granting the summary judgment motion would be appropriate.  (Cal. Rules of Court, Rule 8.54(c); Sexton v. Superior Court (1997) 58 Cal.App.4th 1403, 1410.)  However, the Motion never makes clear what relief exactly is being sought against third-party claimant, Bruce Hutchison, who Plaintiff contends was not in possession of the premises after he was released from the subject lease.  That is, while Plaintiff’s declaration explains its damages, it is not apparent what amount of damages, if any, is being sought against Hutchison.  Plaintiff is ordered to provide a proposed judgment within 10 days, and there will be further discussion at the Motion hearing.

Moving party to give notice. 

If counsel do not submit on the tentative, they are strongly encouraged to appear by LACourtConnect rather than in person due to the COVID-19 pandemic.