Judge: Stephen I. Goorvitch, Case: 23STCV09279, Date: 2023-10-12 Tentative Ruling

Case Number: 23STCV09279    Hearing Date: February 21, 2024    Dept: 39

Darren Fuller v. Jimmy Lee Hampton, et al.

Case No. 23STCV09279

Motion for Reconsideration

            The Court noticed its own motion for reconsideration whether it should relate the unlawful detainer case (Case Number 23CMUD01926).  Defendants filed an opposition making clear that the unlawful detainer case is based upon a lease between Defendant Jimmy Hampton and Plaintiff Darren Fuller, which was signed on August 3, 2020.  The lease defines the landlord as “Jimmy and Ida Hampton” and defines the tenant as “Darren Fuller.”  The lease states that the lease constitutes the entire agreement between the parties.

            Based upon the foregoing, the Court finds no basis to relate (and consolidate) these two cases.  The unlawful detainer case is based upon a lease between the parties.  Should Plaintiff prevail in the instant case, he may seek damages, if appropriate, relating to the deprivation of his tenancy.  Moreover, Plaintiff did not file a response on or before the deadline of February 14, 2024.  Nor did Plaintiff provide a declaration “making clear that he can satisfy the undertaking requirements in order to set an unlawful detainer case for trial after the statutory 20-day period.”  (Court’s Minute Order, dated January 31, 2024.) 

            Based upon the foregoing, the Court denies its own motion for reconsideration.  The Court’s clerk shall provide notice.