Lewis
Fillmore Center Associates, LP v. Lewis
Opinion
Opinion
Frankel, J.
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…