Judge: Virginia Keeny, Case: 23VECV01139, Date: 2023-05-11 Tentative Ruling

Case Number: 23VECV01139    Hearing Date: May 11, 2023    Dept: W

H & J REAL ESTATE HOLDINGS, LLC vs DECADEONE PRODUCTIONS, et al.

H & J REAL ESTATE HOLDINGS, LLC’S MOTION FOR SUMMARY JUDGMENT

Date of Hearing:        May 11, 2023                                                Trial Date:       None set. 

Department:              W                                                                    Case No.:        23VECV01139

Moving Party:            Plaintiff H & J Real Estate Holdings, LLC

Responding Party:     No opposition.

BACKGROUND

This is an unlawful detainer action. Plaintiff H & J Real Estate Holdings, LLC alleges Defendants DecadeOne Productions, DecadeOne Talent Productions LLC, DecadeOne Enterprises, LLC, Kareem Davis, Michelle Davis, and Cherry Blossum Studios LLC were served a 3-day notice to pay rent or quit. The parties were in a written agreement to pay Plaintiff $15,000 monthly.

Default was entered against DecadeOne Productions, DecadeOne Talent Productions LLC, DecadeOne Enterprises, LLC, and Cherry Blossum Studios, LLC  on April 5, 2023. Kareem Davis has also failed to answer. Defendant Michelle Davis filed her answer on March 22, 2023.

[Tentative] Ruling

Plaintiff H & J Real Estate Holdings, LLC’s Motion for Summary Judgment is GRANTED.

discussion

Plaintiff, H & J Real Estate Holdings, LLC (“H & J”) moves the court for summary judgment in favor of H & J and against Defendant Michelle Davis, including possession of the rental unit, past due rent, holdover rent, attorneys’ fees, costs of suit and such other relief as may be just on the grounds that there is not a triable issue as to any material fact, that there is no defense to the action, and that H & J is entitled to summary judgment in its favor as a matter of law.

“A motion for summary judgment must be decided on admissible evidence in the form of affidavits, declarations, admissions, answers to interrogatories, depositions and matters of which judicial notice may be taken.”  (Guthrey v. State of California (1998) 63 Cal.App.4th 1108, 1119-1120.)  “It is generally understood ... that a party cannot rely on the allegations of his own pleadings, even if verified, to make or supplement the evidentiary showing required in the summary judgment context. [Citations.]”  (College Hospital Inc. v. Superior Court (1994) 8 Cal.4th 704, 720, fn. 7.) In an unlawful detainer action, notice of a motion for summary judgment must be given in compliance with Code of Civil Procedure sections 1013 and 1170.7.  (CRC 3.1351(a).)  Code of Civil Procedure §¿1170.7 provides that a motion for summary judgment may be made at any time after the answer is filed upon giving five days’ notice.  Summary judgment shall be granted or denied on the same basis as a motion under Section 437c.  (CCP §¿1170.7.) 

Plaintiff submits evidence Defendant DecadeOne leased certain real property from Plaintiff. (Kleinick Decl. ¶3, Exh. A.) Defendants Kareem Davis and Michelle Davis executed the Lease on behalf of Defendant DecadeOne Productions and guaranteed the lease. (Kleinick Decl. ¶4, Exh. A.) Per the lease agreement, Defendant DecadeOne Productions was to pay $15,000.00 a month, plus triple net expenses for five years commencing June 15, 2021 and ending on June 14, 2026. (Kleinick Decl. ¶7.) The monthly rent adjusted to $15,450.00 on July 1, 2022 pursuant to a Rent Adjustment attached as an addendum to the Lease. (Kleinick Decl. ¶7, Exh. D.) However, Defendant DecadeOne Productions has failed to pay $23,027.92 for the rental period from February 1, 2023 through February 28, 2023 and $24,228.14 for the rental period from March 1, 2023 through March 31, 2023. (Kleinick Decl. ¶9.) As a result, Plaintiff caused to be served a Three-Day Notice to pay rent or quit on March 9, 2023. (Kleinick Decl. ¶9, Exh. C.) The amount of rent due on the day that the Three-Day Notice expired was $47,256.06. (Kleinick Decl. ¶9.) H & J is also entitled to rent for April 1, 2023 through April 30, 2023 in the sum of $23,028.15. (Kleinick Decl. ¶9.) Since service of the Three-Day Notice, Defendants have not tendered any rent or vacated the premises. (Kleinick Decl. ¶¶10-11.) Plaintiff presents their interest calculation on the rent. (Kleinick Decl. ¶13.) While it appears Plaintiff is seeking interest also on the holdover damages (Proposed Judgment ¶20, last bullet point), the court believes that prejudgment interest is only available on the past due rent.

The court finds Plaintiff has met its burden to show entitlement to judgment pursuant to CCP §1161 section 2. A tenant of real property is guilty of unlawful detainer “(1) the tenant is in possession of the premises; (2) that possession is without permission; (3) the tenant is in default for nonpayment of rent; (4) the tenant has been properly served with a written three-day notice; and (5) the default continues after the three-day notice period has elapsed.”  (Kruger v. Reyes (2014) 232 Cal.App.4th Supp. 10, 16; CCP §1161(2).) In the instant matter, Plaintiff has demonstrated that Defendants are in possession of the premises after defaulting on payment of the lease. Defendants have not submitted the full rent reasonably estimated to be due to H & J and currently remain in possession of the Property. (Kleinick Decl. ¶¶10-11.) Plaintiff also presents evidence supporting their claim for attorney fees. (Kleinick Decl., Exh. A, Para. 31.) Plaintiff attests they continue to suffer damages for each day of Defendants’ holding over and refusal to vacate the property. (Kleinick Decl. ¶12.)  Plaintiff attests the fair daily rental value for the Property is $697.82 per day and as a result, Defendants owe $7,676.02 for holdover damages. (Kleinick Decl. 12.)

The motion is unopposed. Based on the foregoing, the court grants Plaintiff’s Motion for Summary Judgment. Plaintiff is to file a motion for attorney fees and memorandum of costs.