FC Orange Associates LP vs. Borden

that it properly served a 3-day Notice to Pay or Vacate in 30 Days pursuant to the CARES Act on the Defendant on 2/12/2026, and the Notice contained all the required elements under CCP § 1161(2). The burden then shifts to the Defendants to establish any affirmative defenses to the unlawful detainer action. On May 29, 2026, the Plaintiff filed a Motion to Deem Request for Admission, Set One, Admitted (ROA 35). On June 10, 2026 the Court granted the Plaintiff’s Motion and ordered “the Plaintiff's Motion to Deem Admitted the Facts Set Forth In Plaintiff's Request for Admission Set One be and hereby is granted and that the truth of all specified matters, and the genuineness of all specified documents, in the First Set of Requests for Admission, propounded by Plaintiff and served on Defendant Lana Ostrowski on May 21, 2026, be deemed admitted.” (ROA 38) There are no affirmative defenses that the Defendant could establish under the law.

Therefore, the Plaintiff has established there are no triable issues of material facts and judgment for the Plaintiff is warranted in this matter.

The Court awards possession of the property located at 632 Hayes Street, Irvine, CA 92620, County of Orange. The lease is forfeited. Judgment applies to all unknown occupants, subtenants, or claimants.

The Court awards monetary damages to the Plaintiff as follows: Past Due Rent: $844.62 Holdover Damages: $5,733.40 (109 days at $52.60 a day) Attorney’s Fees & Cost: $837.90 Total Judgment: $9,415.92

The Plaintiff is ordered to file a judgment form reflective of the Court’s orders and serve notice of entry of judgment on the Defendants.

4 30-2026-01561663 The Court has read and considered the Defendant’s Motion for Judgment on FC Orange Associates the Pleadings (ROA 75) and Plaintiff’s Opposition (ROA 121). LP vs. Borden The Court DENIES the Defendant’s Motion for Judgment on the Pleadings.

The Court notes that the pretrial hearing is set for June 26, 2026, and the jury trial is set for June 29, 2026. There is also a Motion for Summary Judgment (ROA 118) filed by the Defendant on 6/22/2026, which is calendared for July 10, 2026. Counsel are to advise the Court whether they are prepared to proceed with the pretrial and jury trial dates, or whether they request that the matter be set after the motion for summary judgment.

5 30-2026-01565351 The Court has read and considered Plaintiff’s Motion to Deem the Truth of Regency Palms, LP vs. the Matters Specified in Plaintiff’s Request for Admission, Set No. (1), Riccobono Admitted and Conclusively Established (ROA 59).