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27-CV-HC-24-5494 Filed in District Court State of Minnesota 8/8/2024 1:32 PM STATE OF MINNESOTA DISTRICT COURT COUNTY OF HENNEPIN FOURTH JUDICIAL DISTRICT HOUSING COURT Grendahl Park IIT LLC 7800 Metro Parkway, Suite 300 Bloomington, Minnesota 55425 EVICTION ACTION COMPLAINT Plaintiff, vs. Court File No. Marlon Lewis: John Doe; Jane Doe 225 W. 15th St #306 Minneapolis, MN 55403 Defendant(s). My true and correct name is Patrick Flynn, I am the Attorney for the Plaintiff in theabove-captioned proceeding, and I state under oath that the information contained in thisComplaint is true and correct to the best of my knowledge:1 Property Information: a. 225 W. 1Sth St #306 Minneapolis, Minnesota 55403 b. The lease does not include a garage or storage unit. About the Parti a. Plaintiff (Landlord): Grendahl Park II LLC b. Defendant(s): Marlon Lewis Lease Information: a. Lease Start Date - December 22, 2023 b. Lease End Date - December 31, 2024 c. Monthly Obligation — $929.00, due on the first day of the month. Statutory Compliance: Plaintiff, having present right of possession of said property, has complied with Minn. Stat. § 504B.181: Disclosing to the Defendant(s) either in the rental agreement or otherwise in writing prior to beginning of the tenancy the name and address of the person authorized to manage the property, and a landlord or agent authorized by the landlord to accept service of process and receive and give receipt for notices and demands, and the required information was posted in a conspicuous location, namely the building entrance/lobby.27-CV-HC-24-5494 Filed in District Court State of Minnesota 8/8/2024 1:32 PM5. Subsidies: Upon information and belief, this tenancy and/or property are affected by a federal or state housing subsidy program through project-based federal assistance payments; the Section 8 program, as defined in section 469.002, subdivision 24; the low-income housing tax credit program; or any other similar program, namely: Housing Support, administered by: Minnesota Department of Human Services. Reason for Eviction: Non-Payment of Rent (504B.291) Defendant(s) failed to pay rent in full, and as of August 8, 2024, Defendant(s) are in arrears $2,785.98, calculated as follows: Rent and/or Late Fees for May 2024 through August 2024 = $2,603.14 + Utilities for June 2024 through August 2024 in violation of paragraph 11 and the utility addendum = $137.84 + Insurance for June 2024 through August 2024 in violation of page 1 = $45.00 In addition, pursuant to Minn. Stat. § 504B.291, Defendant(s) are required to pay any additional rent then in arrears, plus costs and expenses of $407.00 (includes the court filing fee of $302.00, legal process and service fees of $100.00, and $5.00 in attorney fees), and perform any other covenants of the lease, prior to Defendant(s) redeeming and being restored to possession. Plaintiff does not waive the right to seek collection, payment, or other legal action for any amount(s) not pled above. A pre-eviction notice, attached, was delivered to Defendant(s) pursuant to Minnesota Statute section 504B.321, subd. la, and applicable city ordinance. Pursuant to Minnesota Statutes section 504B.345, subd. I(a), Plaintiff seeks immediate judgment against the above Defendant(s) for restitution of said premises, and immediate writ of recovery of said premises, plus costs and disbursem*nts herein. Verification and Affidavit of Non Military Status I, Patrick Flynn, being sworn/affirmed, state that I am the Plaintiff's Attorney in thisaction, that I have read the complaint and that it is true to the best of my knowledge; thatDefendant(s) is/are not now in the military service of the United States, to the best of myinformation and belief. I acknowledge that costs, disbursem*nts, and reasonable attorney andwitness fees may be awarded pursuant to Minnesota Statutes § 549.211, Subd. (2), to the partyagainst whom the allegations in these pleadings are asserted. I declare under penalty of perjurythat everything I have stated in this document is true and correct. Minn. Stat. § 358.116. Landlord Resource Network, LLC Dated: August 8, 2024 /s/ Patrick Flynn Patrick Flynn (#0403107) STATE OF MINNESOTA ) SS. 225 S. 6th Street, Suite 3900 COUNTY OF HENNEPIN Minneapolis, MN 55402 Phone: 612-314-3177 patrick @landlordresource.net Attorney for Plaintiff27-CV-HC-24-5494 Filed in District Court State of Minnesota 8/8/2024 1:32 PM27-CV-HC-24-5494 Filed in District Court State of Minnesota 8/8/2024 1:32 PM NOTICE OF OCCUPANCY RIGHTS UNDER U.S. Department of Housing and Urban Development THE VIOLENCE AGAINST WOMEN ACT OMB Approval No. 2577-0286 Expires 06/30/2017 Grendahl Park IIT LLC Notice of Occupancy Rights under the Violence Against Women Act!To all Tenants and ApplicantsThe Violence Against Women Act (VAWA) provides protections for victims of domestic violence,dating violence, sexual assault, or stalking. VAWA protections are not only available to women,but are available equally to all individuals regardless of sex, gender identity, or sexual orientation.The U.S. Department of Housing and Urban Development (HUD) is the Federal agency thatoversees that Grendahl Park III LLC is in compliance with VAWA. This notice explains yourrights under VAWA. A HUD-approved certification form is attached to this notice. You can fillout this form to show that you are or have been a victim of domestic violence, dating violence,sexual assault, or stalking, and that you wish to use your rights under VAWA."Protections for ApplicantsIf you otherwise qualify for assistance under the programs at Grendahl Park III LLC, you cannotbe denied admission or denied assistance because you are or have been a victim of domesticviolence, dating violence, sexual assault, or stalking.Protections for TenantsIf you are receiving assistance under the programs at Grendahl Park II] LLC, you may not bedenied assistance, terminated from participation, or be evicted from your rental housing becauseyou are or have been a victim of domestic violence, dating violence, sexual assault, or stalking.Also, if you or an affiliated individual of yours is or has been the victim of domestic violence,dating violence, sexual assault, or stalking by a member of your household or any guest, you maynot be denied rental assistance or occupancy rights under the programs at Grendahl Park III LLC,solely on the basis of criminal activity directly relating to that domestic violence, dating violence,sexual assault, or stalking.Affiliated individual means your spouse, parent, brother, sister, or child, or a person to whom youstand in the place of a parent or guardian (for example, the affiliated individual is in your care,custody, or control); or any individual, tenant, or lawful occupant living in your household.Removing the Abuser or Perpetrator from the HouseholdGrendahl Park III LLC may divide (bifurcate) your lease in order to evict the individual orterminate the assistance of the individual who has engaged in criminal activity (the abuser orperpetrator) directly relating to domestic violence, dating violence, sexual assault, or stalking.' Despite the name of this law, VAWA protection is ay ilable regardless of sex, gender identity, or sexual orientation.? Housing providers cannot discriminate on the basis of any protected characterist including race, color, nationalorigin, religion, sex, familial status, disability, or age. HUD-assisted and HUD-insured housing must be madeavailable to all otherwise eligible individuals regardless of actual or perceived sexual orientation, gender identity, ormarital status. Form HUD-5380 (12/2016)27-CV-HC-24-5494 Filed in District Court State of Minnesota 8/8/2024 1:32 PM 22If Grendahl Park III LLC chooses to remove the abuser or perpetrator, Grendahl Park II] LLC maynot take away the rights of eligible tenants to the unit or otherwise punish the remaining tenants.If the evicted abuser or perpetrator was the sole tenant to have established eligibility for assistanceunder the program, Grendahl Park III LLC must allow the tenant who is or has been a victim andother household members to remain in the unit for a period of time, in order to establish eligibilityunder the program or under another HUD housing program covered by VAWA, or, find alternativehousing.In removing the abuser or perpetrator from the household, Grendahl Park IIT LLC must followFederal, State, and local eviction procedures. In order to divide a lease, Grendahl Park II] LLCmay, but is not required to, ask you for documentation or certification of the incidences of domesticviolence, dating violence, sexual assault, or stalking.Moving to Another UnitUpon your request, Grendahl Park III LLC may permit you to move to another unit, subject to theavailability of other units, and still keep your assistance. In order to approve a request, GrendahlPark III LLC may ask you to provide documentation that you are requesting to move because ofan incidence of domestic violence, dating violence, sexual assault, or stalking. If the request is arequest for emergency transfer, the housing provider may ask you to submit a written request orfill out a form where you certify that you meet the criteria for an emergency transfer under VAWA.The criteria are: (1) You are a victim of domestic violence, dating violence, sexual assault, or stalking. If your housing provider does not already have documentation that you are a victim of domestic violence, dating violence, sexual assault, or stalking, your housing provider may ask you for such documentation, as described in the documentation section below. (2) You expressly request the emergency transfer. Your housing provider may choose to require that you submit a form, or may accept another written or oral request. (3) You reasonably believe you are threatened with imminent harm from further violence if you remain in your current unit. This means you have a reason to fear that if you do not receive a transfer you would suffer violence in the very near future. OR You are a victim of sexual assault and the assault occurred on the premises during the 90-calendar-day period before you request a transfer. If you are a victim of sexual assault, then in addition to qualifying for an emergency transfer because you reasonably believe you are threatened with imminent harm from further violence if you remain in your unit, you may qualify for an emergency transfer if the sexual assault occurred on the premises of the property from which Form HUD-5380 (12/2016)27-CV-HC-24-5494 Filed in District Court State of Minnesota 8/8/2024 1:32 PM 3 you are seeking your transfer, and that assault happened within the 90-calendar-day period before you expressly request the transfer.Grendahl Park III LLC will keep confidential requests for emergency transfers by victims ofdomestic violence, dating violence, sexual assault, or stalking, and the location of any move bysuch victims and their families.If you need information on an emergency transfer plan, please contact management at Vista ViewTownhomes II.Documenting You Are or Have Been a Victim of Domestic Violence, Dating Violence, SexualAssault or StalkingGrendahl Park III LLC can, but is not required to, ask you to provide documentation to "certify"that you are or have been a victim of domestic violence, dating violence, sexual assault, or stalking.Such request from Grendahl Park II] LLC must be in writing, and Grendahl Park II] LLC mustgive you at least 14 business days (Saturdays, Sundays, and Federal holidays do not count) fromthe day you receive the request to provide the documentation. Grendahl Park III LLC may, butdoes not have to, extend the deadline for the submission of documentation upon your request.You can provide one of the following to Grendahl Park III LLC as documentation. It is yourchoice which of the following to submit if Grendahl Park III LLC asks you to providedocumentation that you are or have been a victim of domestic violence, dating violence, sexualassault, or stalking. e A complete HUD-approved certification form given to you by Grendahl Park III LLC with this notice, that documents an incident of domestic violence, dating violence, sexual assault, or stalking. The form will ask for your name, the date, time, and location of the incident of domestic violence, dating violence, sexual assault, or stalking, and a description of the incident. The certification form provides for including the name of the abuser or perpetrator if the name of the abuser or perpetrator is known and is safe to provide. A record of a Federal, State, tribal, territorial, or local law enforcement agency, court, or administrative agency that documents the incident of domestic violence, dating violence, sexual assault, or stalking. Examples of such records include police reports, protective orders, and restraining orders, among others. A statement, which you must sign, along with the signature of an employee, agent, or volunteer of a victim service provider, an attorney, a medical professional or a mental health professional (collectively, "professional") from whom you sought assistance in addressing domestic violence, dating violence, sexual assault, or stalking, or the effects of abuse, and with the professional selected by you attesting under penalty of perjury that he or she believes that the incident or incidents of domestic violence, dating violence, sexual assault, or stalking are grounds for protection. Any other statement or evidence that Grendahl Park III LLC has agreed to accept. Form HUD-5380 (12/2016)27-CV-HC-24-5494 Filed in District Court State of Minnesota 8/8/2024 1:32 PM 4If you fail or refuse to provide one of these documents within the 14 business days, Grendahl ParkIII LLC does not have to provide you with the protections contained in this notice.If Grendahl Park III LLC receives conflicting evidence that an incident of domestic violence,dating violence, sexual assault, or stalking has been committed (such as certification forms fromtwo or more members of a household each claiming to be a victim and naming one or more of theother petitioning household members as the abuser or perpetrator), Grendahl Park III LLC has theright to request that you provide third-party documentation within thirty 30 calendar days in orderto resolve the conflict. If you fail or refuse to provide third-party documentation where there isconflicting evidence, Grendahl Park IIT LLC does not have to provide you with the protectionscontained in this notice.ConfidentialityGrendahl Park III LLC must keep confidential any information you provide related to the exerciseof your rights under VAWA, including the fact that you are exercising your rights under VAWA.Grendahl Park III LLC must not allow any individual administering assistance or other serviceson behalf of Vista View Townhomes II (for example, employees and contractors) to have accessto confidential information unless for reasons that specifically call for these individuals to haveaccess to this information under applicable Federal, State, or local law.Grendahl Park III LLC must not enter your information into any shared database or disclose yourinformation to any other entity or individual. Grendahl Park III LLC, however, may disclose theinformation provided if: e You give written permission to Grendahl Park III LLC to release the information on a time limited basis. Grendahl Park III LLC needs to use the information in an eviction or termination proceeding, such as to evict your abuser or perpetrator or terminate your abuser or perpetrator from assistance under this program. A law requires Grendahl Park III LLC or your landlord to release the information.VAWA does not limit Grendahl Park IIT LLC duty to honor court orders about access to or controlof the property. This includes orders issued to protect a victim and orders dividing property amonghousehold members in cases where a family breaks up.Reasons a Tenant Eligible for Occupancy Rights under VAWA May Be Evicted or AssistanceMay Be TerminatedYou can be evicted and your assistance can be terminated for serious or repeated lease violationsthat are not related to domestic violence, dating violence, sexual assault, or stalking committedagainst you. However, Grendahl Park III LLC cannot hold tenants who have been victims ofdomestic violence, dating violence, sexual assault, or stalking to a more demanding set of rulesthan it applies to tenants who have not been victims of domestic violence, dating violence, sexualassault, or stalking. Form HUD-5380 (12/2016)27-CV-HC-24-5494 Filed in District Court State of Minnesota 8/8/2024 1:32 PM 5The protections described in this notice might not apply, and you could be evicted and yourassistance terminated, if Grendahl Park III LLC can demonstrate that not evicting you orterminating your assistance would present a real physical danger that: 1) Would occur within an immediate time frame, and 2) Could result in death or serious bodily harm to other tenants or those who work on the property.If Grendahl Park III LLC can demonstrate the above, Grendahl Park III LLC should only terminateyour assistance or evict you if there are no other actions that could be taken to reduce or eliminatethe threat.Other LawsVAWA does not replace any Federal, State, or local law that provides greater protection for victimsof domestic violence, dating violence, sexual assault, or stalking. You may be entitled to additionalhousing protections for victims of domestic violence, dating violence, sexual assault, or stalkingunder other Federal laws, as well as under State and local laws.Non-Compliance with The Requirements of This NoticeYou may report a covered housing provider's violations of these rights and seek additionalassistance, if needed, by contacting or filing a complaint with the HUD Minneapolis Field Officeat (612) 370-3000.For Additional InformationYou may view a copy of HUD's final VAWA rule at https://www.gpo.gov/fdsys/pkg/FR-2016-11-16/pdf/2016-25888.pdf.Additionally Grendahl Park III LLC must make a copy of HUD's VAWA regulations available toyou if you ask to see them.For questions regarding VAWA, please contact Shannon Murray at (952) 851-3194.For help regarding an abusive relationship, you may call the National Domestic Violence Hotlineat 1-800-799-7233 or, for persons with hearing impairments, 1-800-787-3224 (TTY). You mayalso contact: Minnesota Coalition for Battered Women: (866) 223-1111 3 Battered Women Legal Advocacy Project: (800) 313-2666For tenants who are or have been victims of stalking seeking help may visit the National Centerfor Victims of Crime's Stalking Resource Center at https://www.victimsofcrime.org/our-programs/stalking-resource-center.For help regarding sexual assault, you may contact: Form HUD-5380 (12/2016)27-CV-HC-24-5494 Filed in District Court State of Minnesota 8/8/2024 1:32 PM 6 3 Minnesota Coalition Against Sexual Assault: (651) 209-9993 we Minnesota Coalition for Battered Women: (866) 223-1111 - Battered Women Legal Advocacy Project: (800) 313-2666Victims of stalking seeking help may contact: - Minnesota Coalition for Battered Women: (866) 223-1111 as Battered Women Legal Advocacy Project: (800) 313-2666Attachment: Certification form HUD-5382 Form HUD-5380 (12/2016)27-CV-HC-24-5494 Filed in District Court State of Minnesota 8/8/2024 1:32 PM NOTICE OF OCCUPANCY RIGHTS UNDER U.S. Department of Housing and Urban Development THE VIOLENCE AGAINST WOMEN ACT OMB Approval No. 2577-0286 Expires 06/30/2017CERTIFICATION OF U.S. Department of Housing OMB Approval No. 2577-0286DOMESTIC VIOLENCE, and Urban Development Exp. 06/30/2017DATING VIOLENCE,SEXUAL ASSAULT, OR STALKING,AND ALTERNATE DOCUMENTATIONPurpose of Form: The Violence Against Women Act ("VAWA") protects applicants, tenants, andprogram participants in certain HUD programs from being evicted, denied housing assistance, orterminated from housing assistance based on acts of domestic violence, dating violence, sexual assault, orstalking against them. Despite the name of this law, VAWA protection is available to victims of domesticviolence, dating violence, sexual assault, and stalking, regardless of sex, gender identity, or sexualorientation.Use of This Optional Form: If you are seeking VAWA protections from your housing provider, yourhousing provider may give you a written request that asks you to submit documentation about the incidentor incidents of domestic violence, dating violence, sexual assault, or stalking.In response to this request, you or someone on your behalf may complete this optional form and submit itto your housing provider, or you may submit one of the following types of third-party documentation: (1) A document signed by you and an employee, agent, or volunteer of a victim service provider, an attorney, or medical professional, or a mental health professional (collectively, "professional") from whom you have sought assistance relating to domestic violence, dating violence, sexual assault, or stalking, or the effects of abuse. The document must specify, under penalty of perjury, that the profe sional believes the incident or incidents of domestic violence, dating violence, sexual assault, or stalking occurred and meet the definition of "domestic violence,” "dating violence," "sexual assault,” or "stalking" in HUD's regulations at 24 CFR 5.2003. (2) A record of a Federal, State, tribal, territorial or local law enforcement agency, court, or administrative agency; or (3) At the discretion of the housing provider, a statement or other evidence provided by the applicant or tenant.Submission of Documentation: The time period to submit documentation is 14 business days from thedate that you receive a written request from your housing provider asking that you provide documentationof the occurrence of domestic violence, dating violence, sexual assault, or stalking. Your housingprovider may, but is not required to, extend the time period to submit the documentation, if you request anextension of the time period. If the requested information is not received within 14 business days of whenyou received the request for the documentation, or any extension of the date provided by your housingprovider, your housing provider does not need to grant you any of the VAWA protections. Distribution orissuance of this form does not serve as a written request for certification.Confidentiality: All information provided to your housing provider concerning the incident(s) ofdomestic violence, dating violence, sexual assault, or stalking shall be kept confidential and such detailsshall not be entered into any shared database. Employees of your housing provider are not to have accessto these details unless to grant or deny VAWA protections to you, and such employees may not disclosethis information to any other entity or individual, except to the extent that disclosure is: (i) consented toby you in writing in a time- mited release; (ii) required for use in an eviction proceeding or hearingregarding termination of ince; or (iii) otherwise required by applicable law. Form HUD-5382 (12/2016)27-CV-HC-24-5494 Filed in District Court State of Minnesota 8/8/2024 1:32 PM 8TO BE COMPLETED BY OR ON BEHALF OF THE VICTIM OF DOMESTIC VIOLENCE,DATING VIOLENCE, SEXUAL ASSAULT, OR STALKING1. Date the written request is received by victim:2. Name of victim:3 Your name (if different from victim's):4. Name(s) of other family member(s) listed on the lease:5. Residence of victim:6. Name of the accused perpetrator (if known and can be safely disclosed):Ts Relationship of the accused perpetrator to the victim:8. Date(s) and times(s) of incident(s) (if known):10. Location of incident(s): In your own words, briefly describe the incident(s):This is to certify that the information provided on this form is true and correct to the best of my knowledgeand recollection, and that the individual named above in Item 2 is or has been a victim of domestic violence,dating violence, sexual assault, or stalking. I acknowledge that submission of false information couldjeopardize program eligibility and could be the basis for denial of admission, termination of assistance, oreviction.Signature Signed on (Date)Public Reporting Burden: The public reporting burden for this collection of information is estimated toaverage | hour per response. This includes the time for collecting, reviewing, and reporting the data. Theinformation provided is to be used by the housing provider to request certification that the applicant ortenant is a victim of domestic violence, dating violence, sexual assault, or stalking. The information issubject to the confidentiality requirements of VAWA. This agency may not collect this information, andyou are not required to complete this form, unless it displays a currently valid Office of Management andBudget control number. Form HUD-5382 (12/2016)27-CV-HC-24-5494 Filed in District Court State of Minnesota Residential Lease Agreement Summary 8/8/2024 1:32 PM Not all items listed in this summary are applicable to every Unit. Persons signing Lease ("Tenant"): Marlon Lewis ‘Authorized Occupants: Marlon Lewis Guarantor(s): Landlord: Grendahl Park IT LLC Unit Address: 225 W. 15th St. #306, Minneapolis, MN 55403 Community: 225 Place Commencement Date 12/22/2023 End Date 12/31/2024 Rent Due Date Day 1 of the month Late Fee Charged After 3 days SECURITY DEPOSITS. MONTHLY Ct ee isis ro ro ro Sie] hse a wand re 7 — ar “ifs Saini een Dears 300.00 929.00 Credit for Pre-Lease Deposit 300.00) Pre-Lease Deposit 300.00 Total Deposits: 7 Taxable Charge Net Rent: sek IN CHARGES MISCELLANI FEES eal So rn sy* Credit for re (300.00) Late Charges 8.00% of Current ity Deposit 300.00, Month Unpaid Rent for 10 days 300.00 Charges Per Day Late Fee $0.00 Additional Late Fee $0.00 Maximum Late Charge NA Returned Checks $30.00 ¥* Taxable Charge Total Charges: $300.00 |Early Termination Fee $1858.00 ** Taxable Charge ADDITIONAL FEES AND/OR CHARGES: CONTACT OFFICE HOURS Property Manager: Monday 09:00 AM to 06:00 PM. Name: 225 Place Address: c/o Halverson and Blaiser Group, Ltd., 225 W 15th St Unit #108, Minneapolis , MN Tuesday 09:00 AM to 06:00 PM. 55403 Wednesday 09:00 AM to 06:00 PM. Phone: (612) 871-6581 ‘Thursday 09:00 AM to 06:00 PM. Email: 225place@hbgltdnet Friday 09:00 AM to 06:00 PM Emergency Maintenance Issues: 952-851-3194 Saturday 10:00 AM to 05:00 PM Please Make Payments Payable To: C/O Halverson Blaiser Group Ltd Sunday 01-00 PM to 05:00 PM Online portal: www.22Splace.com UTILITIES If Tenant fails to transfer utility services into their name on or before the Commencement Date of the Lease, Tenant will be responsible for all utility charges incurred from the Commencement Date until Tenant transfers the utility services to their name. Landlord may charge a Utility Vacant Cost Recovery fee if Tenant fails to transfer a utility service to their name. Additional utility fees may apply depending on the locality. Please sce your Utility Addenda for more information on Tenant responsibilities. RENTERS INSURANCE [Xx] Renters Insuranceis Required i Renters Insurance is Not Required Trrequired and Tenant fails to obtain: Landlord may purchase Landlord Placed Tenant Liability Insurance policy (LPTLI”) at Tenant's expense of $15.00, plus any applicable administrative fecs, duc with monthly rent. The cost of LPTLI coverage and administrative fees are subject to change upon Lease renewal or if the Lease converts to a month-to-month tenancy. Residential Lease Agreement Summary - Page 1 Document digitally signed using RENTCafe eSignature services. Document ID: 70960527-CV-HC-24-5494 Filed in District Court State of Minnesota 8/8/2024 1:32 PM ENTRY DEVICES Key Description Quantity Issued Replacement Charge per Key or FOB Unit Key $25.00 Building Key 1 $75.00 Mailbox Key 1 $25.00 Keyless Entry Remote/FOB 1 $75.00 Garage Door Remote t $75.00 AUTHORIZED VEHICLE INFORMATION Vehicle | Vehicle 2 Vehicle 3 Vehicle 4 Year: Year: Year: Year: Make: Make: Make: Make: Model: Model: Model: Model: Color: Color: Color: Color Plate: Plate: Plat State: State: State: State: ANIMALS Type (Dog, Cat, ete.) Animal Name Weight Service or Support Animal Dog Athena 45.00 Yes‘Tenant:Signature: tee i =-Print Name: Marion LewisSignature:Print Name:Landlord or Landlord’s Representative:Signature: rarnon WwsrasyPrint Name: ‘Shannon Murray Residential Lease Agreement Summary - Page 2 Document digitally signed using RENTCafe eSignature services. Document ID: 70960527-CV-HC-24-5494 Filed in District Court State of Minnesota 8/8/2024 1:32 PM THIS IS A BINDING CONTRACT. PLEASE READ IT CAREFULLY. MINNESOTA RESIDENTIAL LEASE AGREEMENT PARTIES. This Minnesota Residential Lease Agreement (this “Lease”) is made and entered into this De scember_18, 2023 (the “Effective Date”), by and between Grendahl Park II] LLC (the “Landlord”) and Marlon Lewis (individually and collectively, the “Tenant”). Landlord and Tenant (collectively, the “Parties”) hereby agree as follows: RENTAL UNIT. Landlord rents to Tenant and Tenant rents from Landlord for private residential purposes the dwelling unit located at 225 W. 15th St. #306, Minneapolis. MN 55403 (the “Unit”) subject to the terms and conditions of this Lease. For purposes of this Lease, any reference to the building where the Unit is located includes the structure and common areas within the building (the “Building”), and the community where the Building is located includes the grounds, parking and storage areas, drive lanes, curb cuts, sidewalks, common areas, Building, other buildings and recreational areas, if any, of the rental community where the Unit is located (the “Community”). OCCUPANTS. Only the following individuals are authorized to reside in the Unit: Marlon Lewis (the “Occupants”). No other persons may reside in the Unit without Landlord’s prior written consent, which consent may be withheld in Landlord’s sole discretion. TERM. The term of this Lease shall commence on 12/22/2023 (the “Commencement Date”) and end on 12/31/2024 at 12:00 PM (the “End Date”), unless otherwise terminated in accordance with the provisions of this Lease. At the end of the term, Tenant shall vacate the Unit and deliver possession to Landlord unless the Parties formally agree to a new written lease agreement. [X] (if selected) At the end of the original term, the tenancy shall convert to a month-to-month tenancy on the same terms and conditions as this Agreement unless either Party gives at least 60 days’ written notice of termination or intent to quit. At least 15 days prior to the time that Tenant is required to furnish notice of an intention to quit, Landlord will send Tenant notice of automatic renewal as required by statute. RENT. A Monthly Rent. Tenant shall pay to Landlord, without demand, deduction or offset, unless permitted by law, the sum of $929.00 per month (the “Monthly Rent”), for the term of this Lease. The due date for the Monthly Rent payment shall be day 1 of each calendar month (the “Due Date”) and shall be considered advance payment for that month. Tenant’s failure to pay Rent on or before the Due Date is a material breach of this Lease. First month’s rent, adjusted for any applicable proration, shall be: $299.68. If this Lease requires Tenant to move out of the Unit on a date other than the last day of the month, then prorated rent for the last month of the tenancy shall be: . Amounts Due Prior to Move-in. Upon signing this Lease, Tenant shall pay Landlord the first Monthly Rent payment, any prorated portion for any partial month, the Security Deposit as noted in paragraph 6 below, and any other charges permitted by law. This Lease shall not become binding on Landlord unless and until the above charges have been paid and collected and Landlord may withhold possession of the Unit until this amount is paid in full. ¢ Additional Rent. For the purposes of this Lease, “Additional Rent” shall include all amounts payable by Tenant to Landlord per the terms of this Lease, except Monthly Rent. The term “Rent” shall mean both Monthly Rent and Additional Rent. Additional Rent shall include any and all charges and fees due from2023 © Yardi Systems, Inc. All Rights Reserved. Minnesota Residential Lease Agreement - Page 1 2 Document digitally signed using RENTCafe eSignature services. Document ID: 70960527-CV-HC-24-5494 Filed in District Court State of Minnesota 8/8/2024 1:32 PM Tenant under this Lease (including its addenda) and shall further include, but is not limited to the following: 1 Late Fees. If Tenant does not pay Rent when due and any portion of Rent remains unpaid for more than 3 days, Tenant will pay Landlord a late fee of 8.00% of Current Month Unpaid Charges. If selected, the following shall also apply: [ ] In addition to the initial late fee, Tenant shall pay $0.00 for each ad
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Aug 21, 2024 |Open |Eviction (UD) |Eviction (UD) |27-CV-HC-24-5762
Ruling
- GRESIO, TINA vs MYERS, BEVERLY J
Aug 23, 2024 |CV-24-004770
CV-24-004770 - GRESIO, TINA vs MYERS, BEVERLY J - Plaintiff's Motion For Preliminary Injunction Prohibiting Eviction, Encumbrances,and Sale Of Property Ccp526(A)(1)-(4); 527(A) - CONTINUED, at the moving party’s request, to October 9, 2024 at 8:30 a.m. in Department 23.
Ruling
Nathanial Gonzalez vs. Najafi Enterprises, LLC
Aug 20, 2024 |23CECG03529
Re: Gonzalez v. Najafi Enterprises, LLC Superior Court Case No. 23CECG03529Hearing Date: August 20, 2024 (Dept. 503)Motion: Default Prove-UpTentative Ruling: To continue to Thursday, September 12, 2023, at 3:30 p.m. in Department 503. Anynew filings for this continued hearing must be done on or before September 5, 2024.Explanation: No Request for Court Judgment Plaintiff has not filed, and served on defendants, the Request for Court Judgment(Judicial Council form CIV-100), which is mandatory. (Simke, Chodos, Silberfeld & Anteau,Inc. v Athans (2011) 195 Cal.App.4th 1275, 1287; Candelaria v. Avitia (1990) 219Cal.App.3d 1436, 1444.) While plaintiffs used this form when requesting default, this dual-purpose form must be used again when requesting judgment. The “Application for Entryof Default Judgment” plaintiff filed, while containing useful information, does notsubstitute for the use of the CIV-100 form. No Lis Pendens Code of Civil Procedure section 761.010, subdivision (b) provides that immediatelyupon commencement of a quiet title action, plaintiff “shall file” a notice of pendency ofaction (lis pendens) in the office of the recorder. The complaint does not state thatplaintiff has recorded a lis pendens, nor is there a lis pendens filed in this action. The failureto record a lis pendens does not deprive the court of jurisdiction to enter a quiet titlejudgment. (Rutledge v. Rutledge (1953) 119 Cal.App.2d 114, 120 (failure to record lispendens does not deprive court of jurisdiction [there, a partition action]).) However, thisfailure can result in subsequent bona fide purchasers and encumbrancers of record notbeing bound by the judgment quieting title. (See Code Civ. Proc., §§ 764.030, 764.045,subd. (a);1 If plaintiff desires the protection a lis pendens affords and needs more time thanthe above continuance allows, he may request a longer continuance.1Also,service by publication is ineffective unless a lis pendens is recorded. (Code Civ. Proc., §763.020, subd. (b).) However, since plaintiff has dismissed the “unknown” defendants and thus didnot publish, this is not an issue here. No Costs on Default Plaintiff has filed a memorandum of costs and asked for costs in the proposedjudgment. However, in a quiet title action a plaintiff cannot recover costs against adefendant who disclaims an interest in the property or allows a default judgment to betaken against him. (Code Civ. Proc. § 761.030, subd. (b); Bulwer Consol. Mining Co. v.Standard Consol. Mining Co. (1890) 83 Cal. 589, 597.) Pursuant to California Rules of Court, rule 3.1312(a), and Code of Civil Proceduresection 1019.5, subdivision (a), no further written order is necessary. The minute orderadopting this tentative ruling will serve as the order of the court and service by the clerkwill constitute notice of the order.Tentative RulingIssued By: jyh on 8/19/24 . (Judge’s initials) (Date)
Ruling
ALEX YUTKOVSKY VS NOHO 10 LLC, ET AL.
Aug 23, 2024 |23STCV00233
Case Number: 23STCV00233 Hearing Date: August 23, 2024 Dept: 40 Superior Court of California County of Los Angeles Department 40 ALEX YUTKOVSKY, Trustee of the Alex Yutkovsky Living Trust, Plaintiff, v. NOHO 10 LLC, a California limited liability company; ARTUR NESTERENKO, an individual; GERMAN NESTERENKO, an individual; GERMAN SIMAKOVSKI, aka Greg Simakovski, an individual; BRONZETREE TERRACES, LLC, a Colorado limited liability company; and DOES 3 through 50, inclusive. Defendants. Case No.: 23STCV00233 Hearing Date: August 23, 2024 Trial Date: January 14, 2025 [TENTATIVE] RULING RE: Motion for Order that Requests for Admissions Served on Defendant German Simakovski be Deemed Admitted and Request for Monetary Sanctions [CCP § 2033.280(b)(c)]. Motion to Compel Discovery Responses of Defendant German Simakovski (Requests for Production of Documents, Set One) and Request for Sanctions [CCP § 2031.300(c)]. Background Plaintiff Alex Yutkovsky, Trustee of the Alex Yutkovsky Living Trust, (Yutkovsky) sues Defendants NOHO 10 LLC (NOHO), Artur Nesterenko, German Nesterenko, German Simakovski a/k/a Greg Simakovski (Simakovski), Bronzetree Terraces, LLC (Bronzetree), and Does 3 through 50 (collectively Defendants) pursuant to a July 21, 2023 Second Amended Complaint (SAC) alleging claims of (1) Fraud, (2) Theft by False Pretenses, (3) Aiding and Abetting Theft by False Pretenses, (4) Breach of Written Contract, (5) Breach of the Implied Covenant of Good Faith and Fair Dealing, (6) Intentional Interference with Contractual Relations, (7) Cancellation of Instrument, and (8) Declaratory Relief. The claims are based on allegations that Plaintiff Yutkovsky is a victim of a complex fraud carried out by Defendants German and Artur Nesterenko, managers of NOHO. According to the allegations, with assistance from the other Defendants, including Simakovski, Yutkovsky was persuaded to loan $1,056,000 to the Defendants. This loan was secured by a deed of trust on real property, with Yutkovsky's security interest being second in priority among secured lenders. The Defendants are accused of forging documents to fraudulently record a Substitution of Trustee and Full Reconveyance (the Reconveyance) of Yutkovskys deed of trust. This action extinguished Yutkovskys lien, allowing the Defendants to abscond with Yutkovskys funds. The original Complaint in this action was filed on January 5, 2023. On February 3, 2023, Yutkovsky filed his First Amended Complaint. On July 21, 2023 Yutkovsky filed the Second Amended Complaint. Defendant Greg Simakovski answered the SAC on September 1, 2023. On March 18, 2024, Yutkovsky served Simakovski with Requests for Admission (Set One), Requests for Production of Documents (Set One), Form Interrogatories (Set One), and Special Interrogatories (Set One). On May 6, 2024, Yutkovsky filed a motion to deem the requests for admissions served on Simakovski be admitted and for monetary sanctions of $3,912.95. The hearing was originally scheduled for July 26, 2024. The Court continued the hearing to August 23, 2024 (Min. Order at p.1, July 17, 2024.) On June 11, 2024, Yutkovsky filed three motions to compel the discovery responses of Simakovski for the requests for production of documents, form interrogatories and special interrogatories. On August 20, 2024, Simakovski in propria persona opposed the motion to deem the requests for admissions admitted, explaining that he did not respond to the discovery requests on time because his attorney did not communicate the requests to him. (Opp. at p. 2, lines 10-13; Decl. at p. 5, lines 4-7.) As a result, he did not receive actual notice of the requests until after the deadline had passed. (Opp. at p. 2, lines 14-15.) Simakovski has since submitted responses to all the discovery requests in question. (Opp. at p. 2, 20-24, Exh 3.) The filed does not reflect any Reply as of the date of this ruling. Motions Timeliness There is no deadline for making a motion to deem requests (RFA) admitted, but the discovering party should make the motion as soon as possible after the deadline to respond and before the cutoff for discovery motions. (See Code Civ. Proc., § 2024.020 [cutoff for discovery motions], 2033.280 [no deadline provided for motion to deem RFAs admitted]; Brigante v. Huang (1993) 20 Cal.App.4th 1569, 1584 [no time specified for bringing motion to deem RFAs admitted], disapproved on other grounds, Wilcox v. Birtwhistle (1999) 21 Cal.4th 973, 974.) A motion to compel an initial response should be filed and served at least 16 court days before the date set for the hearing plus any additional days for method of service. (Code Civ. Proc., 1005, subd. (b).) Legal Standard - Motion to Deem the Truth of Matters Alleged Admitted Any party may obtain discovery . . . by a written request that any other party to the action admit the genuineness of specified documents, or the truth of specified matters of fact, opinion relating to fact, or application of law to fact. A request for admission may relate to a matter that is in controversy between the parties. CCP § 2033.010. Within 30 days after service of requests for admission, the party to whom the requests are directed shall serve the original of the response to them on the requesting party, and a copy of the response on all other parties who have appeared . . . . CCP § 2033.250(a). If a party to whom request for admissions are served fails to provide a timely response, the party to whom the request was directed waives any objections, including based on privilege or the work product doctrine. CCP § 2033.280(a). The requesting party can move for an order that the genuineness of any documents and the truth of any matters specified in the request be deemed admitted, as well as for monetary sanctions. CCP § 2033.280(b). The court shall issue this order unless the party to whom the request was made serves a response in substantial compliance prior to the hearing on the motion. CCP § 2033.280(c). No meet and confer is required on a motion to deem RFAs admitted. (See Code Civ. Proc., § 2033.280 [No meet and confer mentioned for motion to deem RFAs admitted]; cf. Code Civ. Proc., 2033.290, subd. (b)(1) [meet and confer required to compel further RFA responses]; People v. Trevino (2001) 26 Cal.4th 237, 242 [When the Legislature uses materially different language in statutory provisions addressing the same subject or related subjects, the normal inference is that the Legislature intended a difference in meaning].) A separate statement is not required when no response has been provided to requests for admission. (See Cal. Rules of Court, rule 3.1345, subd. (b).) Discussion Here, Yutkovsky served Simakovski with Requests for Admission (Set One), Requests for Production of Documents (Set One), Form Interrogatories (Set One), and Special Interrogatories (Set One) on March 18, 2024. Responses were due by April 19, 2024. CCP §§ 1013(a), 2033.250(a). Yutkovsky received no responses from Simakovski and subsequently filed this motion to deem the matters admitted. On May 28, 2024, after the motion was filed but prior to the hearing on the motion, Simakovski submitted his responses to the Requests for Admission (Set One) (Opp. Ex. 3). He also submitted his responses to the Requests for Production of Documents (Set One) on July 14, 2024 (Opp. Ex. 3); He submitted his responses to the Form Interrogatories (Set One) on June 23, 2024 (Opp. Ex. 3) [The Proof of Service for the Form Interrogatories mistakenly refers to Special Interrogatories]; and he submitted his responses to the Special Interrogatories (Set One) on August 20, 2024. (Opp. Ex. 3). Simakovski has now served responses in substantial compliance and without objections prior to the hearing on the motion. The Court also finds that his failure to timely serve the responses was the result of mistake, inadvertence, or excusable neglect. Accordingly, the Court cannot deem RFAs Set One as admitted. CCP § 2033.280(c); St. Mary v. Superior Court (2014) 223 Cal.App.4th 762, 776 (a responding partys service, prior to the hearing on the deemed admitted motion, of substantially compliant responses, will defeat a propounding partys attempt under section 2033.280 to have the RFAs deemed admitted). Accordingly, Plaintiff Yutkovskys request to deem as admitted RFAs Set One is DENIED AS MOOT. Sanctions Sanctions are mandatory against the party, the attorney, or both whose failure to serve a timely response to the request necessitated the motion to deem request for admissions as admitted. CCP § 2033.280(c); see also Cal. Rules of Court R. 3.1348(a) (the court can award sanctions under the Discovery Act in favor of a party seeking to compel discovery even though no opposition was filed, the opposition was withdrawn, or the requested discovery was provided to the moving party after the motion was filed). Yutkovsky requests sanctions in the total amount of $3,912.95 based upon counsels rate of $450.00/hour for (1) 4.0 hours to prepare the motion; (2) 3 hours to review any opposition and prepare a reply; (3) $61.65 reservation fee; (4) $26.30 in filing fees; and (4) $675.00 appearance fee. (Cohen Decl. ¶ 6.) Here, sanctions are mandatory because Simakovski failed to provide a timely response to a request for admissions. (CCP § 2033.280(c).) There is no exception if the partys conduct was substantially justified or if the imposition of sanctions would be unjust. Yutkovsky requests 3 hours to review any opposition and file a reply. Since Yutkovsky did not file a reply, the Court finds that 1 hour is an appropriate amount of time for item (2) above. Accordingly, Plaintiff Yutkovskys request for sanctions against Defendant Simakovski is GRANTED in the reduced total amount of $3,012.95. Sanctions are payable within 30 days of service of this order. Legal Standard - Motion to Compel Discovery Responses (Requests for Production of Documents) A motion to compel an initial response can be made on the ground that a party did not serve a timely response to interrogatories or a demand to produce. (Code Civ. Proc., §§ 2030.290, subd. (a) [interrogatories], 2031.300, subd. (a) [demand to produce]; see Sinaiko Healthcare Consulting, Inc. v. Pacific Healthcare Consultants (2007) 148 Cal.App.4th 390, 404 (Sinaiko).) Failing to respond to a demand within the time permitted waives all objections to the demandincluding claims of privilege and work product. (CCP § 2031.300(a)) However, the court may grant relief from such waiver. To obtain such relief, the party to whom the demand is directed must have: (1) belatedly served a response that is in substantial compliance with Sections 2031.210, 2031.220, 2031.230, 2031.240, and 2031.280; and (2) filed a noticed motion supported by declarations showing that the delay resulted from mistake, inadvertence or excusable neglect. (CCP § 2031.300(a)) Discussion Here, Yutkovsky served Simakovski with Requests for Production of Documents (Set One) on March 18, 2024. Responses were due by April 19, 2024. CCP §§ 1013(a), 2033.250(a). Yutkovsky received no responses from Simakovski and subsequently filed this motion to compel the production of documents. On July 14, 2024, prior to the hearing on the motion, Simakovski submitted his responses to Requests for Production of Documents (Set One) (Opp. to Mot. to Deem RFAs Admitted, Ex. 3). Yutkovsky argues that his response was not timely because his attorney did not communicate the requests to him and he did not receive actual notice of the requests until after the deadline had passed. (Opp. to Mot. to Deem RFAs Admitted, at p. 2, lines 14-15.) Although Simakovski did not timely file his response to the request for production of documents, he has subsequently submitted his responses and explained that the delay was due to an error by his attorney. Therefore, in accordance with Code of Civil Procedure section 2031.300 subdivision (a), he has belatedly served a response and shown that the delay resulted from mistake or inadvertence. Thus, the Court can grant relief from the waiver of all objections to the demand. Accordingly, Plaintiff Yutkovskys motion to compel discovery responses for production of documents is DENIED AS MOOT and the Court grants Defendant Simakovski relief from waiver. Sanctions If a motion to compel is granted and the moving party properly asks for monetary sanctions, the court shall order the party to whom the discovery was directed to pay the propounding party's reasonable expenses, including attorney fees, in enforcing discovery unless it finds that the one subject to the sanction acted with substantial justification or that other circ*mstances make the imposition of the sanction unjust. (CCP § 2023.030(a).) Even after a party provides discovery responses, a party may keep its motion on calendar and the court has authority to grant such sanctions, even if it denies the motion to compel responses as essentially unnecessary, in whole or in part. (Sinaiko, supra, at p. 409.) Yutkovsky requests sanctions in the total amount of $3,237.95 based upon counsels rate of $450.00/hour for (1) 3.0 hours to prepare the motion; (2) 2.5 hours to review any opposition and prepare a reply; (3) $61.65 reservation fee; (4) $26.30 in filing fees; and (4) $675.00 appearance fee. (Cohen Decl. ¶ 16.) Yutkovsky requests 3 hours to review any opposition and file a reply. However, there was no opposition, and thus no need to reply. Accordingly, Plaintiff Yutkovskys request for sanctions against Defendant Simakovski is GRANTED in the reduced total amount of $2,112.95. Sanctions are payable within 30 days of service of this order. Conclusion The Motion for Order that Requests for Admissions be Deemed Admitted is DENIED AS MOOT. The request for sanctions is GRANTED in the amount of $3,012.95. The Motion to Compel Discovery Responses (Requests for Production of Documents) is DENIED AS MOOT. The request for sanctions is GRANTED in the amount of $2,112.95.
Ruling
Heritage 21, LLC vs. Bramble, et al.
Aug 19, 2024 |22CV-0200645
HERITAGE 21, LLC VS. BRAMBLE, ET AL.Case Number: 22CV-0200645This matter is on calendar for status of dismissal. Defendants filed a Case Management Conference Statementindicating that the settlement terms have not been finalized and that there have been recent developments thatmay delay settlement. The matter is continued to Monday, October 7, 2024 at 9:00 a.m. in Department 63for status of the case. The parties are ordered to meet and confer to finalize the settlement. If a settlement willnot be finalized prior to the next hearing, the Court intends to set the matter for trial and expects that the partieswill have met and conferred regarding proposed dates for trial. No appearance is necessary on today’scalendar.
Ruling
LAURA ORIHUELA, ET AL. VS LOS ANGELES GROWTH GROUP LLC, A LIMITED LIABILITY COMPANY, ET AL.
Aug 22, 2024 |23STCV12404
Case Number: 23STCV12404 Hearing Date: August 22, 2024 Dept: 68 Dept. 68 Date: 8-22-24 Case #23STCV12404 MINORS COMPROMISE PETITIONER: Laura Orihuela MINORS NAME: David Anthony Orihuela Rosas RESPONDING PARTY: Unopposed/Defendant, Los Angeles Growth Group LLC, et al. RELIEF REQUESTED Minors Compromise SUMMARY OF ACTION Plaintiffs Laura Orihuela, et al. were residents 325 Witmer St., Unit 11. The property is owned and/or managed by defendants Los Angeles Growth Group LLC, et al. Plaintiffs allege substandard conditions in the unit. On June 1, 2023, Plaintiffs filed a complaint for Breach of Warranty of Habitability, Breach of Covenant of Quiet Enjoyment, Negligence, and Breach of Contract. RULING: Granted. Plaintiffs settled with defendants Los Angeles Growth Group LLC, et al. for $80,000 described as $35,000 to the adult plaintiffs and $5,000 to the minors. The complaint lists two (2) adult plaintiffs, and three (3) minors, which creates a $5,000 disparity in the total. Notwithstanding, for 14 year old David Anthony Orihuela Rosas, the petition indicates a total settlement of $5,000, with $1,250 in attorney fees, and $737.14 in costs (an amount representing a one-fifth split amongst the Plaintiffs). Total net recovery of $3,012.86. The disparity in the total in no way appears to impact the settlement for the minor. The petition is granted. The $3,012.86 payment to be provided to parent, Laura Orihuela. (Probate Code § 3401, 3611, subd. (a).) Trial on calendar for October 7, 2024. Moving party to provide notice.
Ruling
01 BH PARTNERSHIP VS BANK OF AMERICA, N.A., ET AL.
Aug 22, 2024 |6/18/2022 |21SMCV01405
Case Number: 21SMCV01405 Hearing Date: August 22, 2024 Dept: I The court is inclined to DENY the motion to continue the trial. The court will GRANT the application to hear the motion for summary judgment less than 30 days before the trial and it will remain on the calendar for September 17, 2024. The court is aware that the parties have stipulated to a continuance. However, there has been no showing of diligence here. The parties state that plaintiff is still doing discovery, but the court is puzzled. The case was filed three years ago. The complaint was amended in April 2023, but the major contours of the case were likely known years and years ago. The trial date was set on May 15, 2023over a year ago (and after the amended complaint was filed). At that time, all parties and counsel signed off on the date. The court is aware that unforeseen things can happen, but there has been no showing of that here, nor has there been a showing as to why plaintiff has not completed discovery. Were there such a showing, the court would consider moving the trial. The court notes that not too long ago, the request would have been granted. When the court had 700 or 800 cases on its docket, it had some flexibility and could accommodate counsel. The court now has over 1100 cases on the docket. The court assumes that 93% or more will settle, but even with that assumption the court is stacking cases deep. The court cannot move a case and thereby displace other litigants who were diligent, and the court no longer has open space on its trial calendar. Therefore, absent a showing of illness or truly unforeseen and unforeseeable circ*mstances, continuances are no longer granted. The court suggests that the parties continue to monitor the courts calendar. If it becomes clear to the court that it will be engaged in trial on the current trial date, the court will be receptive to moving this case. But until or unless there is a trial continuance, the court expects full compliance with its FSC and trial orders, which can be found on-line. The court will also honor any agreement that the parties come to in writing to extend the discovery cut off dates to kick in closer to trial. For purposes of the motion for summary judgment, the court notes that under Sentry, a party has the right to have its motion for summary judgment or adjudication heard if it is timely filed. This one was timely filed. Although the court is hearing cases on pretty close to statutory notice, the court only hears such motions on Tuesdays and Thursdays, meaning that there could be a small bleed past the 75 day notice period. And there is some congestion, so the bleed could be a week or two. That seems to be what occurred here. Accordingly, the court will exercise its discretion to hear the motion less than 30 days before the trial date. Opposition and reply per code.
Ruling
CHRISTOPHER PORTER ET AL VS. COOK GENERAL CONTRACTOR INC. ET AL
Aug 21, 2024 |CGC21589807
Real Property/Housing Court Law and Motion Calendar for August 21, 2024 line 1. DEFENDANT COOK GENERAL CONTRACTOR INC. DBA COOK CONSTRUCTION MOTION FOR SUMMARY ADJUDICATION is DENIED. Moving party failed to comply with CRC 3.1350(b). Compare Notice of Motion and Separate Statement. While the Notice of motion addresses the causes of action based on both duty to indemnify and duty to defend, the issues listed in separate statement appear to solely address duty to defend. To the extent Motions for Summary Adjudication purports to address the entirety of the 5th (express contractual indemnity) and 8th (declaratory relief) causes of action, moving party failed to shift its burden and show that there are no triable issues of fact regarding the duty to indemnify. To the extent moving party is solely seeking adjudication of the duty to defend as it appears from the Separate Statement, moving party failed to show that such duty under the contract has been triggered ("If the allegations raised in any claim, lawsuit, demand for arbitration, or otherwise, by any party against Contractor or Owner, determines [sic] that such claims arose in whole or in part by actions of the Subcontractor, Subcontractor agrees to immediately defend the Contractor or Owner, or other indemnified party hereunder."). Moving party failed to point to any allegations in the complaint that would "determine" that claims in the complaint "arose in whole or in part by actions of the subtractor." Unlike in Crawford, there are no allegations in the complaint implicating the subcontractor. Crawford v. Weather Shield Mfg., Inc., (2008) 44 Cal.4th 541. The Court in Crawford emphasized several times that its decision turned on the language of the contract and on the allegations in the complaint (e.g. "We consider whether, by their particular terms, the provisions of a pre-2006 residential construction subcontract obliged the subcontractor to defend its indemnitee-the developer-builder of the project-in lawsuits brought against both parties, insofar as the plaintiffs' complaints alleged construction defects arising from the subcontractor's negligence " and "It follows that, claims "embraced by the indemnity," as to which the duty to defend is owed, include those which, at the time of tender, allege facts that would give rise to a duty of indemnity." Additionally, moving party presents no facts and supporting evidence to show that any work upon which Plaintiff's claims are based was actually performed/caused by actions of the subcontractor. See Separate Statement referencing allegations in the complaint and the description of the subcontract terms, not the "actions" of the subcontractor. =(501/CFH) Parties may appear in-person, telephonically or via Zoom (Video - Webinar ID: 160 560 5023; Password: 172849; or Phone Dial in: (669) 254-5252; Webinar ID: 160 560 5023; Password: 172849). Parties who intend to appear at the hearing must give notice to opposing parties and the court promptly, but no later than 4:00 p.m. the court day before the hearing unless the tentative ruling has specified that a hearing is required. Notice of contesting a tentative ruling shall be provided by sending an email to the court to Department501ContestTR@sftc.org with a copy to all other parties stating, without argument, the portion(s) of the tentative ruling that the party contests. A party may not argue at the hearing if the opposing party is not so notified and the opposing party does not appear.
Ruling
LLOYD VS. LLOYD, ET AL
Aug 22, 2024 |CVCV20-0195922
LLOYD VS. LLOYD, ET ALCase Number: CVCV20-0195922This matter is on calendar for review regarding status of case and Plaintiff’s counsel. As discussed at multipleprevious hearings, Plaintiff may not proceed in pro per as she is representing the trust. An appearance isnecessary on today’s calendar.
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