Palm Development Group v. Farahani CA2/5

I. INTRODUCTION

Plaintiff, Palm Development Group, a California Limited Partnership, appeals from a December 12, 2013 judgment entered in favor of defendants, Pooran and Nima Farahani, in an unlawful detainer case. The judgment was entered after the trial court granted defendants’ summary judgment motion. We affirm the judgment.

II. DISCUSSION

Plaintiff contends: summary judgment was entered in violation of Code of Civil Procedure section 437c; the trial court granted summary judgment sua sponte without notice and contrary to the prior court orders; and plaintiff was not given an opportunity to file a written opposition or present oral opposition at the summary judgment hearing. To support its contentions, plaintiff relies on the declaration of its counsel, Roger A. S. Manlin. The declaration was filed in connection with plaintiff’s recusal motion. The declaration was filed two days after plaintiff appealed the summary judgment ruling. Mr. Manlin’s declaration discussed the prior court orders and the summary judgment hearing. On June 4, 2013, plaintiff filed an ex parte application to continue the trial. On June 6, 2013, the trial court entered a minute order continuing the…