Judge: Loren G. Freestone, Case: 37-2024-00001304-CU-UD-CTL, Date: 2024-03-15 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - March 14, 2024

03/15/2024  10:30:00 AM  C-64 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Loren G. Freestone

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Civil - Unlimited  Unlawful Detainer - Commercial Summary Judgment (UD) 37-2024-00001304-CU-UD-CTL CRMAD PROPERTIES LLC VS SMITH [IMAGED] CAUSAL DOCUMENT/DATE FILED:

TENTATIVE RULING Plaintiff CRMAD Properties LLC's unopposed motion for summary judgment as to its complaint against Defendant Deanna Smith (d/b/a GNI Bakery Inc.) and Gluten Not Included Inc. is GRANTED.

'The basic elements of unlawful detainer for nonpayment of rent 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.' (KB Salt Lake III, LLC v. Fitness Intern., LLC (2023) 95 Cal.App.5th 1032, 1046; see Code Civ. Proc., § 1161(2); see also Bevill v. Zoura (1994) 27 Cal.App.4th 694, 697, fn. 1 [notice to pay rent can include common area maintenance charges if those sums are due under the lease].) CRMAD submits a declaration from its President and Managing Member (Craig Mohnacky). The declaration is sufficient to meet CRMAD's initial burden on each element of its claim: (1) Defendants initially took possession of the commercial premises pursuant to a September 1, 2014 5-year lease, a June 1, 2019 5-year Option to Renew/Extend Lease was later signed, and they currently remain in possession; (2) the possession is without CRMAD's permission; (3) a total of $74,119.38 in back rent and common area maintenance charges is currently owed per the terms of the lease/amendment for the June 2023–November 2023 timeframe, plus $413.44 per day from December 1, 2023 to the present; (4) CRMAD served a 10-day notice to pay rent or quit, consistent with the additional notice required by the lease; and (5) the bank rent demanded in the notice was not paid within the specified time.

CRMAD also notes that Smith failed to deny any of the allegations in its complaint. Its allegations are therefore deemed admitted for purposes of this motion, which is an independent basis for finding CRMAD met its initial burden on each element of its claim. (See Code Civ. Proc., § 431.20, subd. (a); University of Southern Cal. v. Weiss (1962) 208 Cal.App.2d 759, 766–767.) Defendants did not file an opposition. They therefore failed to meet their burden of raising a triable issue of material fact. (See Code Civ. Proc., § 437c, subd. (p)(1); Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 849–851.) The motion for summary judgment is therefore granted. CRMAD is directed to submit a proposed judgment within 10 days.

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