Judge: Margaret L. Oldendorf, Case: 23PDUD01093, Date: 2023-09-06 Tentative Ruling

Case Number: 23PDUD01093    Hearing Date: September 6, 2023    Dept: P

 

 

 

 

 

 

 

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES

NORTHEAST DISTRICT

 

HIGHLAND DOWNS, LLC,

 

                                            Plaintiff,

vs.

 

ARTURO GUZMAN, and DOES 1-10,

 

                                            Defendants.

 

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Case No.: 23PDUD01093

 

 

[TENTATIVE] ORDER DENYING DEFENDANT’S MOTION FOR JUDGMENT ON THE PLEADINGS

 

Date:   September 6, 2023

Time:  8:30 a.m.

Dept.:  P

 

         

          In this unlawful detainer action, Defendant Arturo Guzman moves for judgment on the pleadings. The notice of motion identifies three arguments, two of which concern the  3-day notice that was allegedly served. None of the defendant’s arguments has merit.

          First, Guzman argues that the 3-day notice to quit, which was served by posting and mailing on March 24, 2023, is after the date by which the time to comply allegedly expired. The plaintiff alleges in its Complaint at paragraph 9.b that March 29, 2023 was  the last day for defendant to comply. There is no timing defect here. Guzman’s argument that the pleading alleges the last day to comply was March 1, 2023 (Notice of Motion at 2:4, 3:10, 3:12, 3:18, 3:20; Memorandum of Points and Authorities at i:9, 2:28), reflects a misreading of the Complaint.

          Guzman’s argument that that the posting and mailing did not occur on the same day (Notice of motion at 3:26-28) also lacks merit, as the proof of service demonstrates posting and mailing both occurred on March 24, 2023. Complaint, Exhibit 3.

          Guzman’s third argument concerns the calculation of daily rent. The argument seems to be that no cause of action is alleged because the daily rent is not properly calculated. Notice of motion at 4:14-18. Plaintiff alleges at Paragraph 13 of the Complaint that the daily rent is $47.41. Given the monthly rent of $1,442.20, this is a reasonable estimate of the daily rent.

          The motion for judgment on the pleadings is denied.

          Plaintiff is ordered to give notice.

         

 

         

Dated:                                                              _______________________________

                                                                              MARGARET L. OLDENDORF

                                                                       JUDGE OF THE SUPERIOR COURT