Judge: Kevin C. Brazile, Case: 24STCV04729, Date: 2024-10-28 Tentative Ruling

Hearing Date: October 28, 2024

Case Name: Botach v. Benjamin, et al.

Case No.: 23STCV18940

Matter: Motion for Summary Judgment

Moving Party: Defendant Jeffrey Benjamin

Responding Party: Unopposed

Notice: OK

This is an unlawful detainer matter.  Possession has been resolved, but rent apparently remains at issue.

Defendant Jeffrey Benjamin, a pro per litigant, seeks summary judgment.

A proper proof of service was not provided.  Specifically, the statement as to service is not made under oath by someone who is not a party to the suit.

If Plaintiff was served, the Court would grant the MSJ because there is no opposition.  This would dispose of the Complaint.  However, Defendant also requests a return of his deposit and the Court will not grant any affirmative relief to Defendant because he did not file any cross-complaint.

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.