Judge: Stephen P. Pfahler, Case: 22CHCV01472, Date: 2023-01-24 Tentative Ruling

Case Number: 22CHCV01472    Hearing Date: January 24, 2023    Dept: F49

Dept. F-49

Date: 1-24-23

Case #22CHCV01472

COVID FINANCIAL DISTRESS

MOVING PARTY:  Defendant, Javier Perez dba Chatsworth Auto Upholstery, Pro Per

RESPONDING PARTY: Unopposed/Plaintiff, 21300 Devonshire, LP

RELIEF REQUESTED

Submission on Covid Financial Distress Declaration

SUMMARY OF ACTION

Plaintiff 21300 Devonshire, LP rents certain real property to defendant Javier Perez dba Chatsworth Auto Upholstery for $5,068/month. The lease is identified as a written month to month agreement. Plaintiff alleges it served a notice to pay rent or quit on October 27, 2022.

Plaintiff filed a complaint for unlawful detainer on December 20, 2022. Defendant answered on January 5, 2023.

RULING: Denied.

The complaint identifies the tenancy and property as commercial in nature. The Tenant Relief Act is not applicable to commercial tenancies. “‘Tenant’ means any natural person who hires real property except any of the following: (1) Tenants of commercial property, as defined in subdivision (c) of Section 1162 of the Civil Code. (Code Civ. Proc., § 1179.02, subd. (h)(1).) “‘[C]commercial tenant’ means a person or entity that hires any real property in this state that is not a dwelling unit, as defined in subdivision (c) of Section 1940 of the Civil Code, or a mobilehome, as defined in Section 798.3 of the Civil Code.” (Code Civ. Proc., § 1162, subd. (c).)

Given the property is located in the City of Los Angeles, any and all claims arising from financial impacts of Covid-19 are subject to the commercial moratorium under Los Angeles Municipal Code Section 4.99.3. Section 4.99.6 requires the moratorium claim be presented as an affirmative defense. The moratorium on commercial property remains in effect until February 1, 2023 barring an extension from the Los Angeles City Council.

The Covid Financial Distress Declaration is denied and the court declines to dismiss the action on this basis.

No trial to be set until on or after February 1, 2023.

Clerk to give notice.