19-UDL-00007 JOHN A. YOHE VS. AISEA VAKA, ET AL.

JOHN A. YOHE AISEA VAKA
ROBERT A. KRASNEY PRO/PER

MOTION FOR SUMMARY OF JUDGMENT OR SUMMARY ADJUDICATION OF ALL AFFIRMATIVE DEFENSES TENTATIVE RULING:

Plaintiff’s motion for summary judgment is GRANTED. Plaintiff is entitled to immediate possession of the subject property.

Plaintiff is entitled to judgment against Defendants Aisea Vaka and Lavinia Vaka in the amount of $7,683.67, consisting of $3,250.00 delinquent rent for November and December 2018 and (b) $4,433.46 in holdover rent at $116.67 per day.

No monetary damages are awarded against Defendants Luifala Schaumkel or Ema Fifita, who are not parties to the lease.

For purposes of costs, Plaintiff is the prevailing party. A Memorandum of Costs is normally filed after entry of judgment. (CRC Rule 3.1700.) Plaintiff filed a Memorandum of Costs on January 31, 2019. For timing purposes of Rule 3.1700(b) (challenging costs, entry of costs on judgment) the Court will deem Plaintiff’s Memorandum of Costs as being filed on the same date Judgment is entered.

Plaintiff may request attorney’s fees by noticed motion. (Code of Civ. Proc. Sect. 1033.5, subd. (c)(5).

If the tentative ruling is uncontested, it shall become the order of the Court. Thereafter, counsel for Plaintiff shall prepare a written order consistent with the Court’s ruling for the Court’s signature, pursuant to California Rules of Court, Rule 3.1312, and provide written notice of the ruling to all parties who have appeared in the action, as required by law and the California Rules of Court.