Judge: Randy Rhodes, Case: 21CHCV00160, Date: 2023-03-23 Tentative Ruling




Case Number: 21CHCV00160    Hearing Date: March 23, 2023    Dept: F51

Dept. F-51¿ 

Date: 3/23/23 

Case #21CHCV00160

¿ 

MOTION FOR SUMMARY JUDGMENT

 

Motion Filed: 1/14/22

 

MOVING PARTY: Defendant Rocoso 26, LLC (“Defendant”)

RESPONDING PARTY: Plaintiff Mark Todd Hong (“Plaintiff”)

NOTICE: OK 

 

RELIEF REQUESTED: Defendant moves for summary judgment, or, in the alternative, summary adjudication as to all of the causes of action in the Complaint.

 

TENTATIVE RULING: The motion is granted.

REQUESTS FOR JUDICIAL NOTICE: Defendant’s requests for judicial notice (RJN) are granted.

 

BACKGROUND

On 3/7/19, Plaintiff purchased a townhouse located at 18505 Mayall Street #D, Northridge, California 91324 from Defendant for investment purposes. (Compl., ¶ 2). However, defendants allegedly failed to disclose that renting the property was prohibited for the first two years of ownership and restricted thereafter. (Compl., ¶¶ 1, 26.)

On 3/4/21, Plaintiff filed his complaint against defendants Rocoso 26, LLC; Northridge Park Townhome Owners Association, Inc., and LB Property Management, Inc., asserting causes of action for (1) Violation of Civil Code § 4525 et seq., (2) Negligent Misrepresentation, (3) Negligent Misrepresentation, (4) Intentional Misrepresentation, and (5) Intentional Misrepresentation. 

On 1/14/22, Defendant filed the instant Motion for Summary Judgment, or in the Alternative, Summary Adjudication. On 3/30/22, the Court granted Defendant’s unopposed motion. On 5/26/22, the Court entered judgment against Plaintiff. On 1/17/23, the Court granted Plaintiff’s motion to set aside the order granting Defendant’s motion for summary judgment. On 1/27/23, Plaintiff filed his opposition to Defendant’s motion for summary judgment. On 3/17/23, Defendant filed its reply.

 

ANALYSIS

The function of a motion for summary judgment or adjudication is to allow a determination as to whether an opposing party cannot show evidentiary support for a pleading or claim and to enable an order of summary dismissal without the need for trial. (Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 843.) Code of Civil Procedure section 437c, subdivision (c) “requires the trial judge to grant summary judgment if all the evidence submitted, and ‘all inferences reasonably deducible from the evidence’ and uncontradicted by other inferences or evidence, show that there is no triable issue as to any material fact and that the moving party is entitled to judgment as a matter of law.” (Adler v. Manor Healthcare Corp. (1992) 7 Cal.App.4th 1110, 1119.) “The function of the pleadings in a motion for summary judgment is to delimit the scope of the issues; the function of the affidavits or declarations is to disclose whether there is any triable issue of fact within the issues delimited by the pleadings.” (Juge v. County of Sacramento (1993) 12 Cal.App.4th 59, 65, citing FPI Development, Inc. v. Nakashima (1991) 231 Cal.App.3d 367, 381–382.)

As to each claim as framed by the complaint, the defendant moving for summary judgment must satisfy the initial burden of proof by presenting facts to negate an essential element, or to establish a defense. (Code Civ. Proc., § 437c, subd. (p)(2); Scalf v. D. B. Log Homes, Inc. (2005) 128 Cal.App.4th 1510, 1519–1520.)

Once the defendant has met that burden, the burden shifts to the plaintiff to show that a triable issue of one or more material facts exists as to that cause of action or a defense thereto. 

To establish a triable issue of material fact, the party opposing the motion must produce substantial responsive evidence. (Sangster v. Paetkau (1998) 68 Cal.App.4th 151, 163.) Courts “liberally construe the evidence in support of the party opposing summary judgment and resolve doubts concerning the evidence in favor of that party.” (Dore v. Arnold Worldwide, Inc. (2006) 39 Cal.4th 384, 389.)

 

1.      Procedural Deficiencies

As a preliminary matter, Plaintiff’s opposition does not contain a separate statement in opposition to Defendant’s motion, nor any evidentiary objections, nor does Plaintiff proffer any additional evidence.

“The opposition papers shall include a separate statement that responds to each of the material facts contended by the moving party to be undisputed, indicating if the opposing party agrees or disagrees that those facts are undisputed. The statement also shall set forth plainly and concisely any other material facts the opposing party contends are disputed. Each material fact contended by the opposing party to be disputed shall be followed by a reference to the supporting evidence. Failure to comply with this requirement of a separate statement may constitute a sufficient ground, in the court’s discretion, for granting the motion.” (Code Civ. Proc. § 437c, suubd. (b)(3).) The California Rules of Court also require a separate statement to be included in an opposition to a motion for summary judgment/adjudication. (Cal. Rules. Ct., rule 3.1350(e).)

As Plaintiff has failed to include a separate statement with his opposition papers, the Court accepts all of Defendant’s UMFs as undisputed. Moreover, as the factual assertions made by Plaintiff in his opposition are unsubstantiated by any additional evidence, they lack proper foundation.

Notwithstanding the foregoing, “the law respects form less than substance.” (Civ. Code § 3528.) Additionally, the public policy of California favors adjudicating cases on the merits. (Elston v. City of Turlock¿(1985) 38 Cal.3d 227, 235; Hernandez v. Superior Court¿(2004) 115 Cal.App.4th 1242, 1246.) Accordingly, the Court exercises its discretion against granting Defendant’s motion on this ground alone.

 

2.      Violation of Civil Code Section 4525

Plaintiff’s first cause of action alleges against all defendants a violation of Civil Code section 4525. Civil Code section 4525, subdivision (a), requires the owner of a separate interest to provide the prospective purchaser of that interest with a copy of all governing documents and a statement describing any rental or leasing prohibitions of the separate interest in a common interest development, as soon as practicable before the transfer of title or the execution of a real property sales contract. (Civ. Code § 4525, subds. (a)(1), (9).)

“Any person who willfully violates this article is liable to the purchaser of a separate interest that is subject to this section for actual damages occasioned thereby and, in addition, shall pay a civil penalty in an amount not to exceed five hundred dollars ($500). In an action to enforce this liability, the prevailing party shall be awarded reasonable attorney’s fees.”  (Civ. Code § 4540 [emphasis added].)

Here, Defendant contends that it did not willfully refrain from disclosing the rental restriction that the Property was subject to under the covenants, conditions, and restrictions (“CC&Rs”), as part of being in the Northridge Park Townhome Owners Association, Inc. (the “Association”). (UMF No. 1.) Defendant points the Court to evidence that it requested the documents listed in section 4525 from the Association’s Property Management. (UMF No. 6.)  The Association’s Property Management then delivered the disclosure package, which included the rental restrictions relating to the Property. (UMF Nos. 8-9.) Defendant also provides evidence that it was not aware of the rental restrictions on the Property prior to selling the same to Plaintiff, and had multiple tenants openly rent the Subject Property during its ownership. (UMF Nos. 13-14.) Furthermore, Defendant was not aware that the Association, through their property manager, provided Plaintiff with an outdated copy of the CC&Rs, but that document contained similar rent restrictions. (UMF Nos. 11, 15.)

Accordingly, Defendant has presented sufficient evidence to establish that it did not willfully violate section 4525. The burden is then shifted to Plaintiff to offer facts and/or evidence to establish a triable issue of fact that Defendant willfully violated section 4525.

Here, Plaintiff’s opposition papers merely reiterate his allegations that Defendant provided him an outdated copy of the CC&Rs. (Pl.’s Opp., 5:1–2.) This contention alone is insufficient to meet Plaintiff’s responsive burden to establish a triable issue of material fact, particularly in light of the procedural deficiencies discussed above.

Accordingly, as Defendant has offered evidence that it did not willfully violate section 4525, and Plaintiff has failed to meet his responsive burden to show a triable issue of material fact, Defendant’s motion for summary adjudication as to Plaintiff’s first cause of action is granted.

 

3.      Negligent Misrepresentation

Plaintiff’s second cause of action alleges against all defendants Negligent Misrepresentation. Plaintiff’s third cause of action alleges Negligent Misrepresentation against Defendant.

Negligent misrepresentation requires the defendant to make false statements believing them to be true, but without reasonable ground for such belief. (Bily v. Arthur Young & Co. (1992) 3 Cal.4th 370, 407.) “[T]here are two causation elements in a [misrepresentation] cause of action. First, the plaintiff’s actual and justifiable reliance on the defendant’s misrepresentation must have caused him to take a detrimental course of action. Second, the detrimental action taken by the plaintiff must have caused his alleged damage.” (Beckwith v. Dahl (2012) 205 Cal.App.4th 1039, 1062.) Here, Defendant contends that Plaintiff cannot establish that he justifiably relied on Defendant’s misrepresentation to his detriment.

“To establish this element of fraud, plaintiffs must show (1) that they actually relied on the defendant's misrepresentations, and (2) that they were reasonable in doing so.” (OCM Principal Opportunities Fund, L.P. v. CIBC World Markets Corp. (2007) 157 Cal.App.4th 835, 863.) The element of justifiable reliance “may be decided as a matter of law if reasonable minds can come to only one conclusion based on the facts.” (Guido v. Koopman (1991) 1 Cal.App.4th 837, 842.)  A plaintiff may be precluded from relying on representations made by a defendant where the plaintiff “has the means at hand for determining its truth or falsehood and resorts to such means, without interference by the other party, and after investigation learns that the statement was false…” (Mercer v. Elliot (1962) 208 Cal.App.2d 275, 279.) Additionally, in determining the element of justifiable reliance, “the knowledge, education and experience of the person claiming reliance must be considered. (Guido, 1 Cal.App.4th at 843–844.)

Defendant contends that the undisputed evidence shows that Plaintiff received multiple documents that put him on notice that the rental restrictions were applicable to the Property.  (UMF Nos. 23-29.) In support, Defendant points the Court to evidence that the rental restrictions were included in the disclosure package that Plaintiff received before escrow closed for the purchase of the Property. (UMF Nos. 22-26.) Plaintiff also admitted in discovery that he received the rental restrictions before escrow closed. (UMF No. 26.) Furthermore, Plaintiff admits that he received a document called “Statement of Fees” which stated “See RENTAL RESTRICTIONS.”  (UMF No. 27.) Moreover, Plaintiff signed a form approving of the package of documents from the Association. (UMF No. 28.) Defendant also relies on Guido to argue that Plaintiff’s experience in renting homes and as a licensed attorney must be considered. (UMF Nos. 30-32.)

In Guido, a plaintiff went to a horse-riding academy to inquire about riding lessons. There, she signed a document entitled “Release” which purported to release the academy from liability connected to potential injuries sustained while riding. The Plaintiff claims that she was told by a representative at the time of signing that the release was “meaningless.” The plaintiff took several months of riding lessons but was later injured when thrown from a horse. The plaintiff admitted during a deposition that she was a practicing attorney and used releases in her practice. Given this, the court concluded “as a matter of law that any such reliance [on the representative’s assertion that the waiver was ‘meaningless] was not reasonable.”

Accordingly, Defendant has presented sufficient facts to show that Plaintiff cannot establish that he justifiably relied on Defendant’s misrepresentation to his detriment because he was put on notice of the rent restrictions on the Property. This shifts the burden to Plaintiff to establish a triable issue of fact that he justifiably relied on Defendant’s misrepresentation to his detriment.

Here, like in Guido, Plaintiff was put on notice of the existence of the rental restrictions, as he admitted that the rental restrictions were included in the disclosure package, which he received and approved. In approving, Plaintiff acknowledged that he approved of the documents contained therein, including the rental restrictions. Furthermore, Plaintiff has experience in renting homes, and is a licensed attorney and worked as an attorney from 2009 to 2019. (UMF Nos. 30-32.) Here, Plaintiff approved of the documents included in the package with his signature, and as an experienced attorney, it can be presumed that Plaintiff understands the importance of reviewing documents before signing and approving them. It was not justifiable for Plaintiff to rely on any representations made by Defendant, based on his approval of the documents in the package (which included the rental restrictions), and his experience in renting homes and as an attorney.

 Plaintiff argues in opposition that his mistaken belief that there was no rental restriction was based on the following three documents: (1) outdated CC&Rs, (2) Seller Property Questionnaire, and (3) Transfer Disclosure Statement. (Pl.’s Opp. 5:11–12.) However, Plaintiff’s opposition does not address Defendant’s argument that Plaintiff received and approved of documents containing the rental restriction prior to the closing of escrow. Therefore, Plaintiff has failed to offer facts or evidence to establish a triable issue of fact that he justifiably relied on Defendant’s misrepresentation to his detriment.

Based on the foregoing, Defendant’s motion for summary adjudication as to Plaintiff’s second and third causes of action is granted. 

 

4.      Intentional Misrepresentation

Plaintiff’s fourth and fifth causes of action allege against Defendant Intentional Misrepresentation with regard to the Seller Property Questionnaire and the Transfer Disclosure Statement, respectively. To establish a cause of action for intentional misrepresentation, Plaintiff must establish (1) misrepresentation, (2) knowledge of falsity, (3) intent to defraud or to induce reliance, (4) justifiable reliance, and (5) resulting damage. (Engalla v. Permanente Medical Group, Inc. (1997) 15 Cal.4th 951, 974; Manderville v. PCG & S Group, Inc. (2007) 146 Cal.App.4th 1486, 1498.) 

Here, Defendant contends that Plaintiff cannot establish that Defendant intended to defraud or induce reliance based on the misrepresentations regarding the rent restrictions. As discussed above in detail relating to Plaintiff’s first cause of action, Defendant has presented evidence that it did not intend that its misrepresentations would induce Plaintiff’s reliance to purchase the Property, as it was not aware that the Property was subject to the rental restrictions. 

Accordingly, Defendant has presented sufficient evidence to establish that it did not intend to induce Plaintiff’s reliance based on the misrepresentations. This shifts the burden to Plaintiff to offer facts and/or evidence to establish a triable issue of fact that Defendant intended to induce Plaintiff’s reliance based on the misrepresentations.

In opposition, Plaintiff fails to offer facts or evidence to meet his responsive burden to establish a triable issue of fact that Defendant intended to induce Plaintiff’s reliance based on the misrepresentations. Accordingly, Defendant’s motion for summary adjudication as to Plaintiff’s fourth and fifth causes of action is granted.

 

CONCLUSION

The motion is granted.