Judge Lee W. Tsao, Case Number: 24NWCV00800, Date: 2024-05-30 Tentative Ruling

Judge: Lee W. Tsao, Case: 24NWCV00800, Date: 2024-05-30 Tentative Ruling

Case Number: 24NWCV00800 Hearing Date: May 30, 2024 Dept: C

45TH STREET, LLC v. QUALEX, INC.

CASE NO.: 24NWCV00800

HEARING: 05/30/24

Plaintiff 45^TH STREET, LLC’s Motion for Summary Judgment against Defendant QUALEX, INC. is GRANTED.

Moving Party to give Notice.

This action for unlawful detainer concerning commercial real property located at 4615 Alcoa Avenue, Unit B, Vernon, CA 90058 (“Subject Property”) was filed by Plaintiff 45^TH STREET, LLC. (“Plaintiff”) on March 15, 2024 against Defendant QUALEX, INC. (“Defendant”) and DOES 1 to 10.

“A motion for summary judgment may be made at any time after the answer is filed upon giving five days notice.” (CCP §1170.7.)

“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 May 28, 2024. 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 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 or about 10/01/18, Plaintiff leased the property to Defendant for a period of time equaling 5 years and 1 month. (SS No. 4.)

· The base rent was $35,000 per month. (Lease, Gabbai Decl., ¶ 5, Ex. 1.)

· The fixed term of the Lease ended on 10/31/23 and Defendant failed to exercise their option to extend the Lease. The Lease became a month-to-month term at the fair market rental value. Fair market rental value beginning on 11/01/23 was $46,000.00 rent per month plus $1,112.00 CAM charges per month plus utilities. (SS No. 5.)

· In January 2024, Defendant became delinquent in rent paying only $10,000.00 of the $46,000.00 base rent. (SS No. 6.)

· An Estimated Notice was served on 02/21/24. (SS No. 7.)

· Prior to the expiration of the 3 days notice period of the Estimated Notice, Defendant did not pay or attempt to pay the full amount of rent due. (SS No. 8.)

· Defendant is still in possession of the property. (SS No. 14.)

The unopposed Motion for Summary Judgment is GRANTED.