Judge: Michael P. Linfield, Case: 21STCV41458, Date: 2023-05-23 Tentative Ruling
Case Number: 21STCV41458 Hearing Date: May 23, 2023 Dept: 34
SUBJECT: First Application for Judgment or Other Order
Moving Party: Plaintiff
Ocean Linden, LLC
Resp. Party: Defendant 555 Ocean, L.P.
SUBJECT: Second Application for Judgment or Other Order
Moving Party: Plaintiff
Ocean Linden, LLC
Resp. Party: Defendant 555 Ocean, L.P.
Plaintiff’s First Application for Judgment or Other Order is DENIED.
Plaintiff’s Second Application for Judgment or Other Order is DENIED.
A Case Management Conference is set for June ___, 2023. All parties to
file a new, timely CMS prior to CMC.
I.
BACKGROUND:
On November
10, 2021, Plaintiff Ocean Linden, LLC filed its UD-100, Complaint in Unlawful
Detainer against Defendants Jamison Properties, Inc., and U.S. Bank National
Association (erroneously sued as U.S. Bank).
On June 16,
2022, Plaintiff filed its Application for Judgment or Other Order Regarding
Defendant U.S. Bank Based on Stipulation for Entry of Judgment Made Between
Plaintiff Ocean Linden, LLC and Defendant U.S. Bank (“First Application for
Judgment or Other Order”). In support of its First Application for Judgment or
Other Order, Plaintiff filed: (1) Stipulation for Entry of Judgment (“First
Stipulation”); and (2) Proposed Order.
On June 21,
2022, Defendant Jamison Properties, Inc. filed its MC-025, Answer in Unlawful
Detainer.
On August 29,
2022, Plaintiff filed its Application for Judgment or Other Order Regarding
Defendant U.S. Bank National Association Based on Stipulation for Entry of
Judgment Made Between Plaintiff Ocean Linden, LLC and Defendant U.S. Bank
National Association (“Second Application for Judgment or Other Order”). In
support of its Second Application for Judgment, Plaintiff filed: (1)
Stipulation for Entry of Judgment or Other Order (“Second Stipulation”); and
(2) Proposed Order.
On September
13, 2022, Plaintiff filed its First Amended Complaint in Unlawful Detainer
(“FAC”) against Defendants Jamison Properties, Inc., U.S. Bank National
Association, and 555 Ocean, L.P.
On October 7,
2022, Defendant 555 Ocean, L.P. filed its Opposition to Ocean Linden, LLC’s
Application for Judgment or Other Order (“Opposition”).
On October
14, 2022, Plaintiff filed its Response to 555 Ocean L.P.’s Opposition to Ocean
Linden LLC’s Application for Judgment or Other Order Regarding Defendant U.S.
Bank National Association (“Response”).
On October
27, 2022, Defendant 555 Ocean, L.P. filed its UD-105, Answer in Unlawful
Detainer.
On April 13,
2023, Defendant U.S. Bank National Association filed its UD-105, Answer in
Unlawful Detainer.
On April 26,
2023, Plaintiff filed its Supplemental Memorandum in Support of Application for
Judgment or Other Order (“Supplemental Memorandum”).
On May 3,
2023, Defendants Jamison Properties, Inc., U.S. Bank National Association, and
555 Ocean, L.P. filed their Surrender of Possession by All Defendants
(“Surrender”).
II.
ANALYSIS
In this case, Plaintiff requests: (1) possession of the premises, based
on expiration of a fixed-term lease; (2) reasonable attorney fees; and (3)
damages at the rate of at least $750.00 per day from July 1, 2021. (FAC, Items
11, 13, 19.)
The First Application for Judgment or Order requests that the Court
make a declaratory judgment that “the Ground Lease of the Property . . .
expired on June 30, 2021 and all right, title and interest of U.S. Bank
National Association . . . terminated on June 30, 2021 and from and after July
1, 2021 U.S. Bank National Association had and has no right to occupy or
possess the Property.” (Proposed Order to First Application for Judgment or
Order, pp. 1–2.)
The Second Application for Judgment or Order requests the same, with
the additional provision that Plaintiff and Defendant U.S. Bank National
Association shall bear their own attorneys’ fees and costs in this action.
(Proposed Order to Second Application for Judgment or Order, pp. 1–2.)
Neither of the applications or their supporting documents cite any
authority for the relief requested. Further, the Second Application for
Judgment or Order either appears to be redacted or corrupted, as the second
page is mostly greyed out and unreadable.
In its Opposition, Defendant 555 Ocean, L.P. initially argued: (1) that
the ground lease has not terminated; and (2) that Defendant 555 Ocean, L.P.
claims an easement over Lot 24. (Opposition, pp. 4:2, 5:7.)
However, all Defendants recently filed their “Surrender,” which, among
other things, states that all Defendants “hereby surrender any claim to
possession of the property which is the subject of this unlawful detainer
action.” (Surrender, p. 2:1–3.) Defendants further state that the Surrender
“does not waive the right of any Defendant to assert that it was not in
possession prior to the date of this Surrender of Possession.” (Id. at
p. 2:3–5.) Finally, Defendants cite Civil Code section 1952.3, subdivision (a)
for the propositions that the request for judgment is now moot and that the
hearing set for May 23, 2023 should be converted to a normal case management
conference or a trial setting conference. (Id. at pp. 2:7–26, 3:1–2.)
“Except as provided in subdivisions (b) and (c), if
the lessor brings an unlawful detainer proceeding and possession of the
property is no longer in issue because possession of the property has been
delivered to the lessor before trial or, if there is no trial, before judgment
is entered, the case becomes an ordinary civil action . . . .” (Civ. Code, §
1952.3, subd. (a).)
There has not been a judgment or trial
in this case, and possession of the real property is no longer an issue because
all Defendants have surrendered possession. Thus, pursuant to Civil Code
section 1952.3, subd. (a), this case is now an ordinary civil action.
III.
CONCLUSION:
Plaintiff’s First Application for Judgment or Other Order is DENIED.
Plaintiff’s Second Application for Judgment or Other Order is DENIED.
A Case Management Conference is set for June ___, 2023. All parties to
file a new, timely CMS prior to CMC.