Judge: Lee W. Tsao, Case: 23NWCV00408, Date: 2023-04-13 Tentative Ruling

Case Number: 23NWCV00408    Hearing Date: April 13, 2023    Dept: C

ROMERO v. BAGBY

CASE NO.: 23NWCV00408

HEARING:  04/13/23

ADD-ON 1

TENTATIVE ORDER

Plaintiff DAISY ROMERO’s unopposed Motion for Summary Judgment against Defendant DAVID BAGBY is GRANTED.

Moving Party to give Notice.

“If a party seeks to have a written opposition considered in advance of the hearing, the written opposition must be filed and served on or before the court day before the hearing.” (CRC Rule 3.1351(c).) No written Opposition has been filed as of April 11, 2023. The Court recognizes, however, that “[a]ny opposition to the motion and any reply to an opposition may be made orally at the time of hearing or in writing as set forth in (c).” (CRC Rule 3.1351(b).)

Plaintiff’s Request for Judicial Notice is GRANTED. Cal. Ev. Code §452.

This action for unlawful detainer concerning residential real property located at 12502 Renville Street, Lakewood, CA 90715 (“Subject Property”) was filed by Plaintiff DAISY ROMERO. (“Plaintiff”) on February 6, 2023 against Defendant DAVID BAGBY and all unknown occupants, tenants, and subtenants (collectively “Defendant”).  

Plaintiff moves for summary judgment.

“[T]he basic elements of unlawful detainer for nonpayment of rent contained in CCP §1161(2) are: (1) the tenant is in possession of the premises; (2) that possession is without permission; (3) the tenant is in default for nonpayment of rent; (4) the tenant has been properly served with a written three-day notice; and (5) the default continues after the three-day notice period has elapsed.”  (Kruger v. Reyes (2014) 232 Cal.App.4th Supp. 10, 16.)

The following facts are undisputed:

·        On December 1, 2005, David Bagby obtained a loan for up to $178,500.00. (SS No. 1.)

·        David Bagby’s default on the loan led to a notice of default being recorded on July 9, 2021, identifying a default in the amount of $271,564.51 as of July 6, 2021. (SS No. 4.)

·        On August 26, 2022, a Notice of Trustee’s Sale was recorded in the Official Records of the Los Angeles County Recorder. (SS No. 5.)

·        Plaintiff purchased the Subject Property at a nonjudicial foreclosure sale held on December 1, 2022, for $21,833.99 subject to the first deed of trust on the Subject Property. (SS No. 6.)

·        The Trustee’s Deed Upon Sale was recorded on December 23, 2022. (SS No. 7.)

·        Registered process server Daniel Espinoza served David Bagby with a “Notice to Occupants to Vacate the Premises” via constructive notice that was completed on January 20, 2023. (SS No. 10.)

·        This action was filed on February 6, 2023, which was more than 3 days after the Notices to Occupants to Vacate the Premises were served. (SS No. 12.)

·        Defendant Bagby admitted all allegations in the Complaint except for those he states are identified in Form MC-025 purportedly attached to the Answer as Attachment 2b(1)(b). (SS No. 15.)

·        The Answer provides no facts in support of any denial and alleges only that “[b]y serving defendant with the notice to quit or filing the complaint, plaintiff is arbitrarily discriminating against the defendant in violation of the Constitution or the laws of the United States or California.” (SS No. 16.)

·        Defendants refuse to vacate the Subject Property. (SS No. 20.)

The unopposed Motion for Summary Judgment is GRANTED.