Case Number: VC063924    Hearing Date: August 12, 2014    Dept: SE

CERRITOS GARP, LLC v. THE HAIRCUTTERS CENTRAL, INC.
CASE NO.: VC063924
HEARING: 08/12/14

#13
TENTATIVE ORDER

Plaintiff CERRITOS GARP., LLC’s motion for summary judgment is GRANTED.
C.C.P. § 1170.7.

On April 1, 2014, plaintiff Cerritos Garp filed an unlawful detainer complaint against its tenant, defendant THE HAIRCUTTERS CENTRAL, INC. It seeks immediate possession of the premises and past-due rent.

The tenancy commenced in October 1993, and the written lease was thereafter amended and renewed. Motion, Exh. A. Article 21 defines a Default as failure to pay rent. Plaintiff purchased the premises in 2011 and thereafter executed an Assignment and Assumption of the leases. Motion, Exh. B. Those facts are set forth in the declaration of plaintiff’s managing agent Stephanie McEntee.

McEntee also attests to defendant’s January 2014 default by failing to pay the rent owed. Exh. C (accounts receivable ledger). On January 17, 2014, plaintiff served a Three-day Notice to Pay or Quit. Exh. D. The Notice expired without defendant becoming current on the rent or vacating the premises. McEntee decl., ¶9. After the unlawful detainer complaint was filed, defendant made a partial payment of $5,523.58 which has been deducted from the amount sought. ¶11. Plaintiff served a Notice of Acceptance of Partial Rent Payment in accordance with section 1161.1(b), thereby preserving its rights to commence the subject UD action. Motion, Exh. E.

Plaintiff has met its burden of establishing the existence of a landlord/tenant relationship, termination of that relationship and the tenant’s continued possession of the premises. C.C.P. § 1161; Union Oil Co. v. Chandler (1970) 4 Cal.App.716. After defendant failed to pay, plaintiff properly served its Notice. C.C.P. §§ 1161, 1161.1. The default was not cured, and defendant still possesses the property.

Plaintiff has met its burden of establishing its right to immediate possession of the property and damages in the amount of $57,034.67, which represents past-due rent through the date of the hearing.

As it stands, the motion is unopposed and the facts presented are thus undisputed. Under California Rules of Court, Rule 3.1351, defendant has until close of business August 11 to serve and file written opposition or may elect to orally oppose the motion at the hearing.