| Case | County / Judge | Motion | Ruling | Indexed | Hearing |
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Demurrer to the Complaint
made payable to "Kimball, Tirey, & St. John, LLP" within 5 business days, and shall be delivered to 2040 Main Street, Suite 500, Irvine, CA 92614.
The Plaintiff is ordered to provide notice of this Court’s order. 13 30-2026-01553263- The Court has read and considered the Plaintiff’s Motion for Summary CL-UD-CJC Judgment and supporting declarations (ROA 23). 9 MacArthur Place Property, LLC vs. The Plaintiff provided documentation that the Defendant, Amin Poursarvitehrani Poursarvitehrani, entered into a Lease Agreement on 9/12/2025 for the premises located at 9 MacArthur Place #2202, Santa Ana, CA 92707 at a monthly rental rate of $6,759. Paragraph 34 of the Lease Agreement entitles the prevailing party to reasonable attorneys’ fees not to exceed a total of $50,000.
Defendant was served with a Notice to Pay Rent or Quit, posted on 1/12/2026, for past-due rent of $13,518. On May 1, 2026, the Court granted the Plaintiff’s Motion to Deem Admitted the Facts Set Forth In Plaintiff's First Set of Request for Admissions and that the truth of all specified matters, and the genuineness of all specified documents, in the First Set of Requests for Admissions, propounded by Plaintiff and served on Defendant, be deemed admitted.
After reviewing all of the evidence presented, the Court finds that there is no defense to the action and the Defendant has presented no triable issue of material facts, and judgment for the Plaintiff is warranted as a matter of law. The Court GRANTS the motion for Summary Judgment.
The Court awards possession of the property located at 9 MacArthur Place #2202, Santa Ana, CA 92707, County of Orange, to the Plaintiff. A writ of possession shall issue forthwith. The judgment applies to all known occupants, subtenants, if any, or named claimants. The lease is forfeited.
The Court awards a monetary judgment of $13,518 for past due rent as stated on the Notice to Pay Rent or Quit, $24,557.70 in holdover damages - fair rental value per day as $225.30 x 109 days, 2/1/2026 to 5/20/2026, court costs of $1,231.20, and attorneys’ fees of $2,941 for a total monetary judgment of $42,247.90.
The Plaintiff is ordered to pay the fee at the clerk’s office for raising the jurisdiction limit on the case based on the award for damages.
The Plaintiff is ordered to submit a UD-110 form consistent with the Court’s order today to the Court Clerk.
The Plaintiff is ordered to serve notice of entry of judgment on the defendant.
14 30-2026-01564345- The Court has read and considered the Defendant’s Demurrer to the CL-UD-CJC Complaint (ROA 23), Plaintiff’s Opposition (ROA 26) and the Complaint Esperanza Apts LLC (ROA 2). vs. Redfern The Court takes Judicial Notice of the 5/6/2026 Minute Order (ROA 21).
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The Court OVERRULES the Demurrer.
The Defendant is ordered to file an answer within 5 calendar days.
Plaintiff is ordered to serve notice of the Court’s ruling. 15 30-2026-01564509- The Court has read and considered the Defendant’s Demurrer to the CL-UD-CJC Complaint (ROA 11), Defendant’s Motion to Strike Portions of Complaint Vietnamese Bhikshu (ROA 12), Request for Judicial Notice (ROA 9), Complaint (ROA 2), and Buddhist Association Plaintiff’s Opposition (ROA 17). Temple vs. Nguyen The Court takes Judicial Notice under Evidence Code section 452(d) and 453 of Exhibits A, B, and C.
The Court GRANTS the Defendant’s Motion to Strike as to Item 20(d) Plaintiff’s request for reasonable attorneys' fees or any other request requesting attorneys’ fees, as there is no written agreement as to attorneys’ fees, and there is no statute that is listed which authorizes attorneys’ fees.
The Court DENIES the Defendant’s Motion to Strike as to Item 15 and any request for damages under 1174(b).
The Court SUSTAINS the Demurrer. In the Complaint, the Plaintiff states that the Tenant Protection Act of 2019 is not applicable but does not specify which code section the Plaintiff claims an exemption under. The Complaint alleges that the Defendant is a “squatter” in one location, a temporary boarder with an oral agreement to occupy the premises in another location, and that the Notice to Quit indicates a month-to-month rental agreement or expired lease agreement.
If the Plaintiff cannot provide the Court with proof of service which shows that the Defendant was properly served with the Notice to Quit by posting and mailing, then the Notice to Quit is defective and cannot be cured. Although Plaintiff says the Notice was posted, posting alone does not comply with the notice requirements under the California Code of Civil Procedure – it must be posted and mailed. Whether the Plaintiff has leave to amend will be determined after the issue of proof of service is resolved at the Court hearing on 5/20/2026 at 8:30 AM.
16 30-2026-01564537- The Court has read and considered the Defendant’s Demurrer to the CL-UD-CJC Complaint (ROA 10) and the Complaint (ROA 2). Lim, Saavedra & Associates, LLC vs. The Demurrer to the Complaint is SUSTAINED. The attached Three-Day Azraie Notice to Pay Rent or Quit to the Complaint fails to identify the method of payment the Defendant should use, address for payment, phone number for the Plaintiff in violation of California Code of Civil Procedure § 1161(2). The Court will note that at the bottom of the Three-Day Notice to Pay Rent or Quit it says “Page 1 of 2” but there is no page 2 of 2 attached to the Complaint.
If Plaintiff can provide documentation to the Court that the 2 page of the Notice to Pay Rent or Quit contain the required information under CCP §1161(2) and it was provided to the Defendant when served on April 16, 2026, the Court will allow the Plaintiff leave to amend to attach the documents properly with the Complaint. If the Plaintiff served the Notice to Pay Rent or Quit as it is shown in the Complaint, the Demurrer will be