Judge: Lisa K. Sepe-Wiesenfeld, Case: 23SMUD01456, Date: 2024-04-24 Tentative Ruling
Case Number: 23SMUD01456 Hearing Date: April 24, 2024 Dept: N
TENTATIVE RULING
Plaintiff Douglas Emmett 1995, LLC’s Motion for Summary Judgment is CONTINUED to be determined at the hearing. On or before the continued hearing date, Plaintiff Douglas Emmett 1995, LLC shall provide a separate statement to support its motion pursuant to Code of Civil Procedure section 437c, subdivision (b)(1), and California Rules of Court, rule 3.1350(c)(2).
Plaintiff Douglas Emmett 1995, LLC to give notice.
REASONING
Plaintiff Douglas Emmett 1995, LLC (“Plaintiff”) moves for summary judgment as to its complaint on the ground that there is no triable issue of fact as to Plaintiff’s right to immediate possession of the premises and a monetary judgment. Defendant Henry Young (“Defendant”) has not filed an opposition to Plaintiff’s motion.
Code of Civil Procedure section 437c, subdivision (b)(1), and California Rules of Court, rule 3.1350(c)(2) require the submission of a separate statement with a motion for summary judgment. Plaintiff has provided no such statement here. Plaintiff contends in its motion that no separate statement is required for this motion because it is a limited jurisdiction unlawful detainer case, but based on the reclassification this action was reclassified to unlimited civil jurisdiction on November 30, 2023, before Plaintiff filed this motion on March 7, 2024, and a separate statement is required in civil unlimited motions for summary judgment. Accordingly, Plaintiff Douglas Emmett 1995, LLC’s Motion for Summary Judgment is CONTINUED to a date to be determined. On or before the continued motion date23smud, Plaintiff Douglas Emmett 1995, LLC shall provide a separate statement to support its motion pursuant to Code of Civil Procedure section 437c, subdivision (b)(1), and California Rules of Court, rule 3.1350(c)(2).