Judge: Theresa M. Traber, Case: 23STCV29985, Date: 2024-04-05 Tentative Ruling

Case Number: 23STCV29985    Hearing Date: April 5, 2024    Dept: 47

On March 5, 2024, the Court set an Order to Show Cause Re: the Significance of Defendant’s filing of a Declaration of COVID-19-Related Financial Distress. The Court has reviewed the papers filed by the Plaintiff pursuant to the Court’s order as well as the applicable authorities concerning this Declaration and now issues its finding.

A Declaration of COVID-19-Related Financial Distress is a document that ordinarily must be served on the landlord in response to a Notice to Pay Rent or Quit demanding rent that came due between March 1, 2020 and September 30, 2021. (Code Civ. Proc. §§ 1179.03(g) [Declaration of Financial Distress]; 1179.02(a); (c) [definition of COVID-19 Rental Debt].) If a tenant fails to present a signed Declaration of Financial Distress to the landlord within 15 days pursuant to section 1179.03(g) and an unlawful detainer action is commenced, the tenant may file a signed Declaration of Financial Distress in the unlawful detainer action with the Court. (Code Civ. Proc. § 1179.03(h).) If that declaration is filed, the Court shall dismiss the case if it finds that the failure to return a declaration of COVID-19-related financial distress within the time required was the result of mistake, inadvertence, surprise, or excusable neglect, as interpreted under section 473(b). (Id.) Here, however, the Notice to Pay Rent that is the basis of the action does not demand rent which came due within the covered time period. (See Complaint Exh. 2. p.1.) Defendant’s Declaration of Financial Distress therefore has no impact on this action.