Judge: Melissa R. Hammond, Case: 23LBUD00054, Date: 2023-04-05 Tentative Ruling

Case Number: 23LBUD00054    Hearing Date: April 5, 2023    Dept: S13

The court has reviewed the Motion for Summary Judgment and Opposition. The court tentatively rules as follows: The LARSO sets out very specific requirements with which landlords must comply if they have been renting an illegal unit. Such requirements include filing a notice of eviction first with the City as well as relocation assistance. This was not done here. There is no dispute as to this.

Landlord is attempting to circumvent his obligations under the LARSO by using Civil Code Section 1954 and claiming that Tenant did not allow Landlord in to inspect the premises. Landlord offers no declarations or other evidence showing that notice to enter the unit for inspection was given to Tenant. All that Landlord provides are conclusory statements that there is a triable issue of fact with respect to Civil Code Section 1954. These statements without any support whatsoever to back them up will not defeat a Motion for Summary Judgment under CCP 437c.

Accordingly, the court finds that there are no disputed issues of material fact as to compliance with Section 1954 or lack thereof in this case, compliance with LARSO or lack thereof in this case. Landlord has not established a prima facie case for unlawful detainer and Defendant is entitled to judgment as a matter of law.