Judge: Virginia Keeny, Case: 22VECV02530, Date: 2023-04-24 Tentative Ruling

Case Number: 22VECV02530    Hearing Date: April 24, 2023    Dept: W

ANGELINA & KATHERINE GARDEN LLC V. KIMBERLY MEDELIN, et al.

Defendant edgar ramirez’s motion for summary judgment

Date of Hearing:        April 24, 2023                                                Trial Date:       None set. 

Department:              W                                                                    Case No.:        22VECV02530

Moving Party:            Defendant Edgar Ramirez

Responding Party:     No opposition.

BACKGROUND

This is an unlawful detainer action. Plaintiff filed a 15-Day Notice to Pay Rent or Quit. On December 22, 2022, Plaintiff Angelina & Katherine Garden LLC filed a complaint against Defendants Kimberly Medelin, Edgar A. Ramirez, Karla Alejandra Alba Michel, and Marta Molina.

[Tentative] Ruling

Defendant Edgar Ramirez’s Motion for Summary Judgment is DENIED.

discussion

Defendant Edgar Ramirez moves the court for summary judgment on the basis that the Notice to Pay or Quit upon which the unlawful detainer action is premised is facially invalid as it demands payment of rental debt without stating the specific amounts that comprise the total and specific dates those amounts came due as required by Code of Civil Procedure sections 1179.03(b)(2) and 1179.03(c)(2).

As Defendant Ramirez is in default, he lacks standing to bring the instant motion. (See Harbour Vista, LLC v. HSBC Mortgage Services Inc. (2011) 201 Cal.App.4th 1496, 1513 (“The entry of a default terminates a defendant’s rights to take any further affirmative steps in the litigation until either its default is set aside or a default judgment is entered. [citations] A defendant against whom a default has been entered is out of court and is not entitled to take any further steps in the cause affecting plaintiff’s right of action; he cannot thereafter, until such default is set aside in a proper proceeding, file pleadings or move for a new trial or demand notice of subsequent proceedings.”).) Plaintiff’s request for entry of default against Defendant Ramirez was entered January 27, 2023.

Defendant Ramirez must file a motion to set aside default in order to proceed. Accordingly, Defendant Ramirez’s Motion for Summary Judgment is DENIED.