Judge: Maurice A. Leiter, Case: 22STCV17343, Date: 2025-04-01 Tentative Ruling

Case Number: 22STCV17343    Hearing Date: April 1, 2025    Dept: 54

Hearing Date: April 1, 2025

Department 54, Judge Maurice Leiter

Motion to Dismiss

Moving Party: Defendants Jose Jaime and Dagelberto Jaime

Responding Party: None

T/R:      DEFENDANTS' MOTION TO DISMISS IS DENIED.

DEFENDANTS TO NOTICE.

If the parties wish to submit on the tentative, please email the courtroom at SMCdept54@lacourt.org with notice to opposing counsel (or self-represented party) before 8:00 am on the day of the hearing.

The Court considers the moving papers. No opposition has been received.

Defendants move to dismiss this action. Defendants, in a one paragraph brief, state that Plaintiff claimed unpaid rent for August 2018 and September 2018 despite having sold the property in June 2018. Defendants provide no other analysis or argument. The Court cannot consider these materials on a motion to dismiss, which is limited to the allegations of the complaint and matters of which the Court can take judicial notice. Additionally, there is no proof of service attached to the motion, showing that it was properly served on Plaintiff.

The Court also notes that Defendants are still in default. They must seek to set aside the default before the Court can address substantive motions.

Defendants’ motion to dismiss is DENIED.