Judge: Olivia Rosales, Case: 22NWCV00099, Date: 2022-10-25 Tentative Ruling

Case Number: 22NWCV00099    Hearing Date: October 25, 2022    Dept: SEC

COTTA v. SHAMAAN

CASE NO.:  22NWCV00099

HEARING:   10/25/22 @ 10:30 AM

#4

TENTATIVE RULING

Defendant Shamaan’s motion to strike Plaintiff’s application for issuance of writ of execution, possession or sale and writ of possession of real property is DENIED.

Opposing Party to give NOTICE.

Defendant Shamaan moves to strike the application for issuance of writ of execution, possession or sale filed on September 8, 2022 and writ of possession of real property filed on September 9, 2022 pursuant to CCP § 436(b).

CCP § 436(b) provides that the court may “[s]trike out all or any part of any pleading not drawn or filed in conformity with the laws of this state, a court rule, or an order of the court.”

Defendant contends that application for issuance of writ of execution, possession or sale filed on September 8, 2022 and writ of possession of real property filed on September 9, 2022 were defective because they were not based on a “Judgment.”

However, “‘Judgment’ means a judgment, order, or decree entered in a court of this state.” (CCP § 680.230.)

Here, on August 30, 2022, this court granted summary judgment, seeking possession of the Property.  That “Order” was mailed by the Clerk on August 30, 2022 to all parties. 

None of Defendant’s authorities are applicable.  CRC § 3.1590 applies to statements of decision rendered “on the trial of a question of fact.”  This is a summary judgment proceeding, not a trial of questions of fact.  CCP § 1170.5 applies to trials, which is inapplicable to this summary judgment proceeding.  CCP § 1174(c) applies to defaults in the payment of rent, which is inapplicable to this proceeding.

Accordingly, the motion is DENIED.