19-UDL-00038 CATHERINE LOPES VS. JEREMY SALISBURY, ET AL.

CATHERINE LOPES JEREMY SALISBURY
JEFFREY B. WORKMAN PRO/PER

DEFENDANT JEREMY SALISBURY’S MOTION TO DISMSS UNLAWFUL DETAINER TENTATIVE RULING:

Defendant JEREMY SALISBURY’s unopposed Motion to Dismiss Unlawful Detainer is GRANTED. According to Defendant’s declaration, he vacated the premises on January 15, 2019, the same day the instant action was filed, thus rendering the issue of possession moot.

To the extent that Plaintiff seeks recovery of past-due rent, the Complaint fails to state such a claim. Pre-termination rent cannot be recovered in an unlawful detainer action based on a 30-day Notice to Quit. Pursuant to Code Civ. Proc. § 1174(b), rents accrued and unpaid prior to the unlawful detainer may be recovered in a UD proceeding only when the landlord’s right to possession is founded on the tenant’s failure to pay rent following the service of a three-day notice to pay rent or quit the premises under Code Civ. Proc. § 1161(2).