Rancho Tierra Apartments LLC vs. De Olivas

Superior Court of the State of California County of Orange TENTATIVE RULINGS FOR C61 HON. JENNIFER M. MCCARTNEY

Date: 08/28/2026 Courtroom Rules and Notices

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# Case Name Tentative 7 30-2026-01570049 The Court has read and considered the Plaintiff’s Motion for Summary Rancho Tierra Judgment (ROA 47). Apartments LLC vs. De Olivas The Court takes Judicial Notice of the Notice of Relief from Stay (Bankruptcy) (ROA 66), Complaint (ROA 2) and 7/22/2026 Minute Order (ROA 41).

The Court GRANTS the Plaintiff’s Motion for Summary Judgment. No issues of triable fact or law remain, a properly noticed Notice to Pay Rent in 3 Days or Quit in 30 Days in compliance with the CARES Act. On 7/22/2026 the Court ordered Plaintiff's Motion to Deem Request for Admissions, Set One, Admitted 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 Donna Riccobono on July 1, 2026, be deemed admitted. Additionally, Defendant has not provided any evidence to support the claims in her Answer. Therefore, the Court finds judgment for the Plaintiff, Rancho Tierra Apartments, LLC. for possession of the property located at 13204 Myford Road #817, Tustin, CA 92782, County of Orange.

In compliance with the Order Granting Motion for Relief from Stay Under 11 U.S.C. §362 in Case # 8:26-bk-12287-MH the Court will not issue a monetary judgment. The Court orders the lease is forfeited. The judgment applies to all unknown occupants under CCP §415.46. A writ of possession shall issue forthwith.

Plaintiff’s counsel is ordered to prepare a judgment consistent with the Court’s order and file it with the Court by close of business today.

Plaintiff is ordered to provide notice of entry of judgment.

The Court vacates the pretrial conference and jury trial dates in light of the ruling on the motion for summary judgment.

8 30-2026-01564533 The Court vacates the 8/14/2026 order which states “This matter is referred to Cooper Fellowship, Department C23 for review and reassignment based on Notice of Related Inc. v. Bonner Case, filing, under primary case number 30-2026-01545367, Cooper Fellowship, Inc., a California Non-profit religious corporation vs. Lengyel- Leahu.”

Under California Rules of Court, rule 3.300(h)(1)(B) provides “Where the cases listed in the notice include both unlimited and limited civil cases, the judge who has the earliest filed unlimited case must determine whether the cases should be ordered related and assigned to his or her department.” Notice of Related Case indicates that 30-2026-01545367 is the unlimited case with the earliest filing. A review of the Court Docket in 30-2026-01545367 fails to show that there has been a Notice of Related Case filed in that matter.

As Judge Fish is the judicial officer who will need to determine if the matters are related and if assignment to C11 is warranted in this matter. The Court continues this matter to September 23, 2026, at 8:30 AM for Review Hearing on the status of the Related Case Request that needs to be filed in Judge Fish’s matter. The Motion for Summary Judgment remains trailing after the Review Hearing.

The Court Clerk is to provide notice of the Court’s ruling. 10 30-2025-01473837 The Court has read and considered the Defendant’s Motion for Summary Pahu vs. Crawford Judgment (ROA 44).

The Court takes Judicial Notice of the Complaint (ROA 2).

The Court GRANTS the Defendant’s Motion for Summary Judgment. No issues of triable fact or law remain, as the Three-Day Notice to Pay Rent or Quit attached to the Complaint is fatally defective because it lacks the required statutory language under California Code of Civil Procedure section 1161(2). A Notice to Pay or Quit cannot be amended. The Court of Appeal held that when a plaintiff fails to strictly comply with the requirement under California Code of Civil Procedure section 1161(2), a plaintiff fails to state a cause of action for unlawful detainer. (Eshagian v. Cepeda (2025) 112 Cal.App. 5th 433, 457-459.)