Judge: Mark C. Kim, Case: 21LBUD00808, Date: 2022-08-02 Tentative Ruling
Case Number: 21LBUD00808 Hearing Date: August 2, 2022 Dept: S27
1. Background
Facts
Plaintiff, Jesilux Associates, L.P.
filed this action against Defendant, Gicheru Mwangi for commercial unlawful
detainer. Plaintiff filed its complaint
on 11/29/21. Defendant filed an answer
on 12/07/21 and an amended answer on 12/17/21.
Defendant’s amended answer indicates it includes a specific denial, but
Defendant failed to fill out the boxes required in connection with a specific
denial. Defendant also checked the box
denying receipt of the mandatory cover sheet and supplemental allegations. Defendant then checked the boxes for numerous
affirmative defenses.
2. 2/04/22
Hearing on Motion for Judgment on the Pleadings
The Court heard Plaintiff’s motion for judgment on the pleadings
on 2/04/22. It granted the motion
without leave to amend on the grounds that (a) the answer was not verified, and
(b) Defendant failed to check the required boxes re: specific denials, and (c)
the affirmative defenses pled either do not apply in the commercial context
and/or Defendant failed to state facts sufficient to support the assertion of
those defenses.
3. Judgment
On 2/08/22, the Court entered
judgment in favor of Plaintiff and against Defendant. The judgment permits Plaintiff immediate and exclusive
possession of the subject premises and forfeits the lease upon which the rental
was based.
The Court has since denied multiple
ex parte applications to stay execution of the judgment.
4. Motion
to Vacate
On 2/24/22, Defendant filed a
motion to vacate the order granting the motion for judgment on the pleadings,
setting it for hearing on 8/02/22. Much
of the motion, including Defendant’s declaration in support thereof, is not
legible. Additionally, there is no proof
of service with the moving papers.
On 3/28/22, Defendant filed a proof
of service of the subject moving papers, which indicates one Nicholas Almagher
served the moving papers on Plaintiff’s attorney by mail on 3/21/22.
The Court is concerned about the
lack of opposition to the motion, as Plaintiff has consistently participated in
the litigation before the Court. The
Court is continuing the hearing on the motion for one month, to Thursday, 9/01/22
at 8:30 a.m. in Department S27 of the Long Beach Courthouse. Within the next two days, Defendant must file
with the Court and serve on Plaintiff a legible copy of the moving papers. Any opposition and reply is due per Code.
The Court’s Judicial Assistant will
give notice of this ruling to Defendant and Plaintiff.
Parties who intend to submit
on this tentative must send an email to the court at gdcdepts27@lacourt.org indicating intention to submit on the tentative as
directed by the instructions provided on the court website at www.lacourt.org. If the department
does not receive an email indicating the parties are submitting on the tentative
and there are no appearances at the hearing, the motion may be placed off calendar. If a party submits on the tentative, the
party’s email must include the case number and must identify the party
submitting on the tentative. If any party does not submit on the tentative, the
party should make arrangements to appear remotely at the hearing on this
matter.