Fillmore Center Associates, LP v. Lewis

Filed 12/23/24 CERTIFIED FOR PUBLICATION

APPELLATE DIVISION OF THE SUPERIOR COURT

STATE OF CALIFORNIA, COUNTY OF SAN FRANCISCO

FILLMORE CENTER ASSOCIATES, CUD-23-672663 LP,

Plaintiff and Appellant,

v.

SANDERA LEWIS, OPINION Defendant and Respondent.

APPEAL from a judgment of the Superior Court of San Francisco County, Charles F. Haines, Judge. Affirmed. Shirin Shojapour and Gary D. Fidler, for Plaintiff and Appellant. Sarah Abelow and Legal Assistance to the Elderly, for Defendant and Respondent. __________________________________________

The trial court granted respondent’s motion for summary judgment in this unlawful detainer action. On appeal, appellant argues that the trial

court lacked jurisdiction to rule on the motion for summary judgment, because appellant had filed a request for dismissal without prejudice of its complaint prior to the summary judgment hearing. After considering the record, arguments, and applicable law, the judgment is affirmed.

I. FACTS AND PROCEDURAL HISTORY

On July 26, 2023, appellant Fillmore Center Associates filed an unlawful detainer complaint against respondent Sandera Lewis. On December 1, 2023, respondent filed a motion for summary judgment, arguing appellant’s three-day notice to pay rent or quit was defective, insofar as it failed to comply with the notice required by Code of Civil Procedure section 1161, subdivision 2. On December 5, 2023, the trial court issued a tentative ruling granting respondent’s motion for summary judgment, subject to appellant’s opposition. After the trial court issued its tentative ruling, appellant filed a request for dismissal without prejudice. On December 6, 2023, the trial court conducted the hearing on respondent’s motion for summary judgment. Appellant did not appear at the hearing, nor did it file an opposition to (or otherwise contest) the motion for summary judgment. The trial court and respondent discussed appellant’s request for dismissal, and the trial court noted that the request was filed after it had issued a tentative ruling granting respondent’s motion for summary judgment. The trial court granted respondent’s motion for summary judgment, and directed respondent’s counsel to prepare a proposed order. On April 4, 2024, respondent provided a copy of her proposed order to appellant, and asked appellant to sign the proposed order. Appellant refused