Motion for Summary Judgment; Motion for Summary Adjudication
15 30-2026-01561001 The Court has read and considered the Plaintiff’s Motion for Summary Yan vs. Wang Judgment or Alternatively Summary Adjudication of All Affirmative Defenses (ROA 58), Declaration in Support (ROA 56) and Separate Statement (ROA 54), and Defendant’s Request for Judicial Notice (ROA 73).
The Court DENIES the Plaintiff’s Motion for Summary Judgment. In the request for Judicial Notice, the Defendant presents evidence to a verifiable basis for the belief that the rent was due on the 10th day of each month. This includes a previous notice to pay rent or quit and a complaint from 30-2025- 01525316-CL-UD-CJC. If the rent was due on the 10th day of each month as charged by the Defendant, then there is a material issue of fact in dispute if the notice to pay rent or quit contains an overstatement of rent requested because the notice to pay rent or quit was served on the Defendant on April 3, 2026, seeking rent payment for multiple months including April 2026.
As to the Plaintiff’s general request for Summary Adjudication, the Court DENIES this request as the Plaintiff fails to delineate what specific cause of action, affirmative defenses, or claim for damages and its legal basis for which it is asking for summary adjudication as to the issue.
The case remains set for Pretrial Conference on 9/18/2026 at 8:30 AM in Dept. C61 and Jury Trial for 9/21/2026 at 8:30 AM.
The Court is ordering Plaintiff’s Counsel and the Defendant to meet and confer as required by Local Rule 317 to prepare the Court-ordered documents for the jury trial.
The Court Clerk is to provide notice of the Court’s ruling.
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