Plaintiff Mercy Housing California’s Motion for Summary Judgment
6/18/26 - Law and Motion Calendar Judge Mark A. McCannon – Department 2 Page 16 of 24
UD LAW AND MOTION CALENDAR THURSDAY, JUNE 18, 2026
2:00 PM LINE: 1 26-UDL-00133 MERCY HOUSING CALIFORNIA VS. IMAD OUBELLA, ET AL
MERCY HOUSING CALIFORNIA DANIEL M. BORNSTEIN IMAD OUBELLA PRO SE
PLAINTIFF MERCY HOUSING CALIFORNIA’S MOTION FOR SUMMARY JUDGMENT
TENTATIVE RULING:
For the reasons stated below, Plaintiff Mercy Housing California’s unopposed Motion for Summary Judgment, filed June 1, 2026, is GRANTED. (Code Civ. Proc., §§ 437c, 1170.7.)
Plaintiff’s Request for Judicial Notice, filed June 1, 2026, is GRANTED. (Evid. Code, § 452, subd. (d).) On its own motion, the Court also takes judicial notice of Plaintiff’s Motion to Compel, filed April 3, 2026, in which Plaintiff requested an order deeming certain requests for admission admitted. The Court takes judicial notice of the existence and filing of these court records, but not the truth of any disputed factual assertions contained in them.
BACKGROUND
This is a residential unlawful detainer action involving the property located at 2700 Middlefield Road, Unit 318, Redwood City, California. Plaintiff had Defendant Imad Oubella served with a 10-day notice to quit after Defendant allegedly physically assaulted another resident.
In February 2026, Plaintiff served Defendant with several sets of written discovery, including requests for admission. Defendant did not respond to the requests for admission. Plaintiff then filed a motion to have the requests deemed admitted, which the Court granted on April 15, 2026. (Apr. 15, 2026 Order.)
By virtue of the April 15, 2026 order, Defendant is deemed to have admitted 29 separate requests for admission, including the following:
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• all facts set forth in the 10-day notice to quit served on Defendant are true; • Plaintiff served Defendant with the 10-day notice to quit on December 30, 2025; • Defendant failed to surrender possession of the premises after expiration of the 10-day notice to quit; • all allegations in the Complaint are true;
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• Defendant has no admissible evidence that the 10-day notice to quit is defective; • Defendant has no applicable affirmative defenses to the Complaint; • Plaintiff is entitled to possession of the premises against Defendant; • on or about December 4, 2025, Defendant physically assaulted another resident by striking her and pushing her down, causing her to fall, hit her head, and lose consciousness; • on or about December 4, 2025, Defendant threatened the resident he physically assaulted by stating, “Are you scared of me now? I could kill you”; and • on or about December 4, 2025, the Redwood City Police Department was required to intervene, and Defendant was arrested.
The above admissions are excerpts from Defendant’s deemed admissions. Defendant also admitted that he has no admissible evidence supporting any of his claimed defenses.
LEGAL STANDARD
In an unlawful detainer action, a motion for summary judgment may be made at any time after the answer is filed on five days’ notice. (Code Civ. Proc., § 1170.7.) The timing requirements imposed by Code of Civil Procedure section 437c, subdivision (a), and the separate statement requirement imposed by section 437c, subdivision (b), do not apply to summary judgment motions in unlawful detainer actions. (Code Civ. Proc., § 437c, subd. (n).) In all other respects, a motion for summary judgment in an unlawful detainer action is granted or denied on the same basis as a motion under section 437c. (Code Civ. Proc., § 1170.7.)
A motion for summary judgment shall be granted if the papers submitted show that there is no triable issue as to any material fact and that the moving party is entitled to judgment as a matter of law. (Code Civ. Proc., § 437c, subd. (c).)
A plaintiff moving for summary judgment has met its burden of showing there is no defense to a cause of action if the plaintiff proves each element of the cause of action entitling it to judgment. (Code Civ. Proc., § 437c, subd. (p)(1).) Once the plaintiff meets that burden, the burden shifts to the defendant to show that a triable issue of material fact exists as to the cause of action or a defense. (Ibid.) The defendant may not rely on the allegations or denials in the pleadings, but must set forth specific facts showing that a triable issue of material fact exists. (Ibid.)
ANALYSIS
Plaintiff’s unopposed Motion for Summary Judgment is GRANTED. Defendant has admitted that all allegations in Plaintiff’s unlawful detainer Complaint and in the 10-day notice to quit served on Defendant are true. (RFA Nos. 4, 7.) Defendant admitted that he was served with the notice to quit and remained in possession after expiration of the period stated in the notice. (RFA Nos. 4–6.)
Defendant further admitted that he physically assaulted another resident, causing her to fall, hit her head, and lose consciousness, and that he threatened to kill the other resident, resulting in police intervention and Defendant’s arrest. (RFA Nos. 15–17.) Defendant also admitted that he has no valid affirmative defenses to the Complaint and that Plaintiff is entitled to possession of the premises. (RFA Nos. 13–14.)
6/18/26 - Law and Motion Calendar Judge Mark A. McCannon – Department 2 Page 18 of 24
Plaintiff has met its burden under Code of Civil Procedure section 437c, subdivision (p)(1), to show that there is no triable issue of material fact as to Plaintiff’s unlawful detainer claim. (Code Civ. Proc., § 1161, subd. 4.) Defendant offered no evidence in response and did not oppose the motion.
Accordingly, Plaintiff Mercy Housing California’s Motion for Summary Judgment is GRANTED. Defendant Imad Oubella’s lease or tenancy is terminated. Plaintiff is entitled to entry of judgment for possession of the premises against Defendant Imad Oubella.