Judge: Kristin S. Escalante , Case: 22STCV19264, Date: 2023-04-19 Tentative Ruling

Case Number: 22STCV19264    Hearing Date: April 19, 2023    Dept: 24

The motion by defendants Derek McGhee and Carol Loyd-McGee for summary adjudication of issues.

                Denied in its entirety on grounds set forth in the opposition papers.  Request for judicial notice is granted.  To the extent moving parties premise their arguments on the position the minors could not have entered into the lease, they could have, since a contract by a minor for “necessities” is valid.  Lodging is a necessity.  Also, a parent can enter into a lease on behalf of children.  Even if the children could not have entered into a lease agreement and not parties to the lease, defendants have not established they could not bring the claims in question.  See, e.g., Response to moving parties separate statement, nos. 4 and 5.  The children appear to be third-party beneficiaries of the lease.  Defendants’ evidentiary objections are overruled.