Excerpt: ...on 1946.2, subdivision (b)(2)(D). In this case, section 1946.2 requires plaintiffs to notify the tenant of the tenant's right to relocation assistance or rent waiver. (Civ. Code, § 1946.2, subd. (d)(2).) If the owner elects to waive the rent for the final month of the tenancy, the notice shall state the amount of rent waived and that no rent is due for the final month of the tenancy. (Id., emphasis added.) Plaintiffs' 60‐day notice of terminat...

Excerpt: ...2021. (UMF 1, 9; Civ. Code, §§ 1945, 1946; Renner v. Huntington‐Hawthorne Oil & Gas Co. (1952) 39 Cal.2d 93, 102 [“a month to month…tenancy is deemed renewed each month unless one of the parties gives written notice to the other of his intention to terminate the same…”], quotation marks and citation omitted.) Civil Code section 1946.2(e)(8)(B)(iii) states that “[f]or any tenancy commenced or renewed on or after July 1, 2020, the not...

Excerpt: ...d default judgments, if entered, and quash service of summons is DENIED WITHOUT PREJUDICE. (Code Civ. Proc., §§ 473, 473.5.) The Court finds that defendants have again failed to file with the Court a proposed pleading with the instant motion as required by Code of Civil Procedure sections 473(b) and 473.5(b). The Court also finds that defendants failed to file with the Court an affidavit showing under oath that their lack of actual notice in ti...

Excerpt: ... party. [Citations.] (Frio v. Superior Court, supra, 203 Cal.App.3d at p. 1498, 250 Cal.Rptr. 819.) Where, as here, there is no allegation of counsel's bad faith, a claim of inadequate verification is without merit. (Ibid.)” (League of Women Voters v. Fong (1992) 7 Cal.App.4th 649, 656.) In this case, plaintiff does not allege any bad faith on the part of defendant's counsel in verifying his client's answer. The Court finds that the ends of jus...

Excerpt: ... 214 Cal.App.4th 1047, 1057.) The Court cannot consider extrinsic evidence. (Ion Equipment Corp. v. Nelson (1980) 110 Cal.App.3d 868, 881; Wells decl.) Based on the allegations in the complaint and the documents attached thereto, plaintiff served the three‐day notice to quit in compliance with Code of Civil Procedure section 1162(a). (See also Code Civ. Proc., § 1161a, subd. (b).) Defendant Robert Wells shall file his answer by no later than J...

Excerpt: ...on and the 60‐ day notice attached to the complaint because the Court previously denied defendant's requests for judicial notice of these documents in Case No. CV‐2019‐2712 is erroneous. (See Zevnik v. Superior Court (2008) 159 Cal.App.4th 76, 82; Defendant's RJN, Exhibits 2 & 3.) Further, 85 Federal Register 55292 (Sept. 4, 2020) temporarily halts evictions for nonpayment of rent. (Defendant's RJN, Exhibit 1.) As plaintiff's complaint is n...

Excerpt: ...tal agreement regarding the property, there is no agreement for plaintiff to attach to the complaint. (Code Civ. Proc., § 1166, subd. (d)(1)(B); Complaint, ¶ 5.) Code of Civil Procedure section 1946.2 does not apply because defendants did not “continuously and lawfully” occupy the subject residence, based on the 60‐day notice to quit attached to the complaint. A civil case cover sheet is not a pleading and therefore, is not subject to dem...