Judge: Shirley K. Watkins, Case: 22VECV01144, Date: 2023-01-27 Tentative Ruling

Case Number: 22VECV01144    Hearing Date: January 27, 2023    Dept: T

            [TENTATIVE] ORDER:  Plaintiff Covar Victory, LLC’s Motion for Summary Judgment is GRANTED.

Introduction

            Plaintiff Covar Victory, LLC (Plaintiff) moved for summary judgment (MSJ) as to their claim for Unlawful Detainer against Defendants Canabuds, LLC and Shevaila Allen (collectively, Defendants.)  Defendants have not filed an Opposition.

            Discussion 

            Pursuant to Code of Civil Procedure Section 1161, Plaintiff is entitled to judgment if it proves a prima facie case for unlawful detainer:  (l) default of a rental or lease agreement or failure to pay rent or default of any other term; (2) termination of the agreement (such as through service of a three (3) or thirty (30) day notice); and (3) that the tenant remains in possession.

            Plaintiff provided the declaration of their manager, Alireza Varastehpour.  Plaintiff’s evidence showed: (1) Defendants’ entry into the lease, (2) Defendant’s default on the lease payment, (3) Plaintiff’s performance; (4) Plaintiff’s service of a 3-day notice to pay or quit; (5) Defendants continued possession and failure to cure; and (6) the back rent owed to Plaintiff in the amount of $126,170.00 and $115,439.40 for daily damages.  (Varastehpour Decl. pars. 10-29, 33-35; Atty. Rohatiner Decl. par. 8-11.)  Plaintiff met their burden of proof on the MSJ to show that there is no triable issue of fact as to the prima facie elements for unlawful detainer.

            The MSJ is GRANTED. 

PROPOSED JUDGMENT:

In favor of plaintiff Covar Victory, LLC, a California limited liability company and against defendants Canabuds, LLC, aka Canabuds, LLC, a California limited liability company, and Shevaila Allen, jointly and severally, for possession of the premises located at 16053 Victory Boulevard, Units 105, Van Nuys, California, 91406, forfeiture of the lease, cancellation of the rental agreement, past due rent of $126,170.00, holdover damages of $115,439.40, costs according to Memorandum of Costs, attorney fees, if applicable by Code or contract, by noticed motion.  Writ of Possession to issue upon entry of judgment.

            The court notes there is no default entered yet against unnamed occupants.

            IT IS SO ORDERED, CLERK TO GIVE NOTICE.