Case Number: SC120591    Hearing Date: August 01, 2014    Dept: P

TENTATIVE RULING – DEPT. P

AUG. 1, 2014 CALENDAR No: 2

SC120591 — SLOAN TWO RODEO v. MONTAVASSELAN, et al.
PLAINTIFF’S MOTION FOR SUMMARY JUDGMENT AS TO DEFENDANT ARIA MOTAVASSELAN

Evidentiary matters

All evidence is admitted.

Merits

In this action for breach of a commercial lease, Plaintiff has moved for summary judgment as to its sole cause of action for breach of lease, or, in the alternative, for summary adjudication of numerous affirmative defenses, as against defendant Aria Motavasselan (“Defendant”). Defendant’s co-defendant, Gil Motavasselan, is in default. Defendant did not file any opposition document.

An opponent’s failure to oppose a motion for summary judgment or adjudication does not relieve the moving party of the need to carry his, her, or its initial moving party’s burden under CCP 437c(p).

Plaintiff has carried its initial burden here as to its sole cause of action for breach of contract . UMFs 1-24. Defendant, who did not oppose the motion, has, of course, failed to raise a triable issue of material fact.

Motion for summary judgment is granted. Requests for summary adjudication as to Defendant’s affirmative defenses are denied as moot.
Plaintiff is to serve and lodge a proposed order consistent with today’s ruling, pursuant to CRC 3.1312 an CCP 437c(g). Plaintiff is to concurrently serve and lodge a separate proposed judgment.

Request for dismissal as to Gil Motavasselan or a default prove-up package in compliance with CCP 585 and CRC 3.1800 as to that defendant is to be submitted on or before August 11, 2014.

Final status conference and trial dates of August 22, 2014 and September 2, 2014 are advanced to this date and vacated. Order to show cause re default/dismissal as to Gil Motavasselan is now set for 8:30 a.m. in this department on _______, 2014.

NOTICE

Plaintiff shall give notice of today’s rulings and timely file proof of service thereof, pursuant to CCP 1019.5 and CRC 3.1312.