Preview
GREGORY L. ALTOUNIAN #128398
E-FILED
Attorney at Law 10/28/2021 8:00 AM
2 295 West Cromwell Avenue, Suite 104 Superior Court of California
Fresno, California 93711 County of Fresno
3 Tel: (559) 435-6200 By: I. Herrera, Deputy
Fax: (559) 435-6300
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5 Attorney for Plaintiff, River Park Properties IL
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7 SUPERIOR COURT OF CALIFORNIA, COUNTY OF FRESNO
8 CIVIL DIVISION - UNLIMITED CIVIL CASE
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RIVER PARK PROPERTIES II; ) Case No: 20CECG02239
10 )
Plaintiff, ) SEPARATE STATEMENT OF
11
) UNDISPUTED MATERIAL FACTS IN
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v. j SUPPORT OF PLAINTIFF, RIVER PARK
) PROPERTIES Il'S, NOTICE OF MOTION
13 SEEMA KWATRA; SAANIYA KWATRA; ) AND MOTION FOR SUMMARY
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and DOES 1 through 100, j JUDGMENT ON THE COMPLAINT FOR
) DAMAGES
Ddendants.
15 )
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j D_ate: January 19, 2022
) Trme: 3 :30 p.m.
17 ) Dept: 502
) Honorable Rosemary McGuire
18 )
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j C~mplaint Filed: July 31, 2020
) Tnal Date: May 9, 2022
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)
21 )
)
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Ill//
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/Ill
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Ill
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II
26 L
Separate Statement of Facts ISO Plaintiff, River Park Properties II's Motion for Summary Judgment on Complaint for Damages
River Park Properties II v. Seema Kwatra; et al., Case No. 20CECG02239
P1
Moving Parties' Undisputed Material Facts Opposing Party's Response and Supporting
and Sunoorting Evidence: Evidence.
2 1.
1. Plaintiff (as Landlord) and defendants (as
Tenant) were parties to a commercial lease
3
relating to a space in the River Park shopping
4 center where defendants for a time operated a
Haagen-Dazs ice cream shop selling ice
5 cream and associated products on a retail, and
primarily take-out, basis to members of the
6 public.
(Plaintiffs Request for Judicial Notice, filed
7
and served herewith, Exhibit 1 (9/22/2021
8 Order Deeming Admissions Admitted), page
3, and Exhibit 2 (Plaintiffs 3/29/2021 Motion
9 for Order Deeming Matters Admitted as to
Defendant Seema Kwatra), Exhibit 1 thereto
10 (Plaintiffs Requests for Admissions, Set 1, to
Defendant Seema Kwatra), RFA (Truth of
11
Facts) #1-#14 and RFA (Genuineness of
12
Documents) #1, and Exhibit 1 thereto
(Shopping Center Lease), page 1, Article 1,
13 Fundamental Lease Provisions,§§ i.1-1.18,
and Exhibit 3 (Plaintiffs 3/29/2021 Motion
14 for Order Deeming Matters Admitted as to
Defendant Sanniya Kwatra), Exhibit 1 thereto
15
(Plaintiffs Requests for Admissions, Set 1, to
16
Defendant SaaniyaKwatra), RFA (Truth of
Facts) #1-#14 and RFA (Genuineness of
17 Documents) #1, and Exhibit 1 thereto
(Shopping Center Lease), page 1, Article 1,
18 Fundamental Lease Provisions,§§ 1.1-1.18;
Declaration of Daniel Kuniyoshi, attached as
19
Exhibit 1 to Plaintiffs Statement of Evidence
20 served and filed herewith (Kuniyoshi Deel.),
~2)
21 2. Defendants did not pay any of the rents due 2.
under the !ease since March 2020 despite
22 plaintiffs full performance of its obligations
under the Lease.
23
(Plaintiffs Request for Judicial Notice, filed
and served herewith, Exhibit 1 (9/22/2021
24
Order Deeming Admissions Admitted), page
25 3, and Exhibit 2 (Plaintiffs 3/29/2021 Motion
for Order Deeming Matters Admitted as to
26 Defendant Seema Kwatra), Exhibit 1 thereto
2
Separate Statement of Facts ISO Plaintiff, River Park Properties II's Motion for Summary Judgment on Complaint for Damages
River Park Properties II v. Seema Kwatra; et al., Case No. 20CECG02239
P2
(Plaintiff's Requests for Admissions, Set 1, to
Defendant Seema Kwatra), RFA (Truth of
2 Facts) #4, 2:14-15, and Exhibit 3 (Plaintiff's
3/29/2021 Motion for Order Deeming Matters
3
Admitted as to Defendant Saaniya Kwatra),
4 Exhibit 1 thereto (Plaintiff's Requests for
Admissions, Set 1, to Defendant Saaniya
5 Kwatra), RFA (Truth of Facts) #4, 2:14-15;
Kuniyoshi Deel., ,2 and ,4)
6 3. Defendants did not voluntarily relinquish 3.
possession of the leased premises to plaintiff
7
when they stopped paying rent, but continued
8 to conduct business in the premises.
(Plaintiff's Request for Judicial Notice, filed
9 and served herewith, Exhibit 1 (9/22/2021
Order Deeming Admissions Admitted), page
10 3, and Exhibit 2 (Plaintiff's 3/29/2021 Motion
for Order Deeming Matters Admitted as to
11
Defendant Seema Kwatra), Exhibit 1 thereto
12 (Plaintiff's Requests for Admissions, Set 1, to
Defendant Seema Kwatra), RFA (Truth of
13 Facts) #5 and #6, 2:16-22, and Exhibit 3
(Plaintiff's 3/29/2021 Motion for Order
14 Deeming Matters Admitted as to Defendant
Saaniya Kwatra), Exhibit 1 thereto (Plaintiff's
15
Requests for Admissions, Set 1, to Defendant
16
Saaniya Kwatra), RFA (Truth of Facts) #5 and
#6, 2:16-22; Kuniyoshi Deel., ~4)
17 4. The term of the lease expires on July 31, 4.
2026.
18 (Plaintiff's Request for Judicial Notice, filed
and served herewith, Exhibit 1 (9/22/2021
19 Order Deeming Admissions Admitted), page
3, and Exhibit 2 (Plaintiff's 3/29/2021 Motion
20
for Order Deeming Matters Admir.:ed as to
21 Defendant Seema Kwatra), Exhibit 1 thereto
(Plaintiff's Requests for Admissions, Set 1, to
22 Defendant Seema Kwatra), RFA (Truth of
Facts) #9, 3:5, and Exhibit 3 (Plaintiff's
23 3729/2021 Motion for Order Deeming Matters
Admitted as to Defendant Saaniya Kwatra),
24
Exhibit 1 thereto (Plaintiff's Requests for
25 Admissions, Set 1, to Defendant Saaniya
Kwatra), RFA (Truth of Facts) #9, 3:5;
26 Kuniyoshi Deel., tJ3)
3
Separate Statement of Pacts ISO Plaintiff, River Park Properties !I's Motion for Summary Judgment on Complaint for Damages
River Park Properties II v. Seema Kwatra; et al., Case No. 20CECG02239
P3
I
I
I
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1 5.The rents accrued and unpaid by defendants 5.
under the lease from April 1, 2020 through
2 October 31, 2021 total $94,795.90.
(Kuniyoshi Deel., ,5)
3
6. In mitigation of its damages caused by 6.
4 defendants' breach of the lease, plaintiff
expended $3,540.68 to make repairs to the
5 leased premises necessary for leasing the
space to the new tenant who is expected to
6 begin paying rent for the leased premises on
August 1, 2022.
7
(Kuniyoshi Deel., ,6)
8 7. The future rents owed by defendants under 7.
the lease from January 1, 2022 through July
9 31, 2026, with credits for payments expected
to be made by a new tenant beginning on
10 August 1, 2022 and discounted to present
value, total $130,111.66.
11
(Kuniyoshi Deel., ,7)
12 8. The additional credits against the amounts 8.
owed by defendants total $7,062.42, leaving a
13 total amount of damages owed by defendants
to plaintiff of $231, 481. 77.
14 (Kuniyoshi Deel., ,8)
9. Defendants did not maintain business 9.
15
income replacement insurance as required by
16 section 7.2.6 of the lease.
(Plaintiffs Request for Judicial Notice, filed
17 and served herewith, Exhibit 1 (9/22/2021
Order Deeming Admissions Admitted), page
18 3, and Exhibit 2 (Plaintiffs 3/29/2021 Motion
for Order Deeming Matters Admitted as to
19
Defendant Seema Kwatra), Exhibit 1 thereto
20
(Plaintiffs Requests for Adnissions, Set 1, to
Defendant Seema Kwatra), RF A (Truth of
21 Facts) #7, 2:23-24, and Exhibit 3 (Plaintiffs
3/29/2021 Motion for Order Deeming Matters
22 Admitted as to Defendant Saaniya Kwatra),
Exhibit 1 thereto (Plaintiff's Requests for
23
Admissions, Set 1, to Defendant Saaniya
24
Kwatra), RFA (Truth of Facts) #7, 2:23-24;
Kuniyoshi Deel., ,9)
25 10. Defendants did not pay to plaintiff any 10.
rents due under the lease from the proceeds of
26 business income replacement insurance that
4
Separate Statement of Facts ISO Plaintiff, River Park Properties H's Motion for Summary Judgment on Complaint for Damages
River Park Properties II v. Seema Kwatra; et al., Case No. 20CECG02239
P4
they were required by section 7.2.6 of the
lease to maintain.
2 (Plaintiff's Request for Judicial Notice, filed
and served herewith, Exhibit 1 (9/22/2021
3
Order Deeming Admissions Admitted), page
4 3, and Exhibit 2 (Plaintiff's 3/29/2021 Motion
for Order Deeming Matters Admitted as to
5 Defendant Seema Kwatra), Exhibit 1 thereto
(Plaintiff's Requests for Admissions, Set 1, to
6 Defendant Seema Kwatra), RFA (Truth of
Facts) #8, 3:2-4, and Exhibit 3 (Plaintiff's
7
3/29/2021 Motion for Order Deeming Matters
8
Admitted as to Defendant Saaniya Kwatra),
Exhibit 1 thereto (Plaintiff's Requests for
9 Admissions, Set 1, to Defendant Saaniya
Kwatra), RFA (Truth of Facts) #8, 3:2-4;
10 Kuniyoshi Deel., ,9)
11. Defendants told plaintiff that they could 11.
11
not pay rents due under the lease because of
12
COVID-19.
(Plaintiff's Request for Judicial Notice, filed
13 and served herewith, Exhibit 1 (9/22/2021
Order Deeming Admissions Admitted), page
14 3, and Exhibit 2 (Plaintiff's 3/29/2021 Motion
for Order Deeming Matters Admitted as to
15
Defendant Seema Kwatra), Exhibit 1 thereto
16
(Plaintiff's Requests for Admissions, Set 1, to
Defendant Seema Kwatra), RF A (Truth of
17 Facts) #1, 2:2-7, and Exhibit 3 (Plaintiff's
3/29/2021 Motion for Order Deeming Matters
18 Admitted as to Defendant Saaniya Kwatra),
Exhibit 1 thereto (Plaintiff's Requests for
19
Admissions, Set 1, to Defendant Saaniya
Kwatra), RFA (Truth of Facts) #1, 2:2-7;
. 20
Kuniyoshi Deel., ,10)
21 12. Defendants never provided plaintiff with 12.
any documentation supporting their assertions
22 to plaintiff that they could not pay the rents
due under the lease because of COVID-19.
23 (Plaintiff's Request for Judicial Notice, filed
and served herewith, Exhibit 1 (9/22/2021
24
Order Deeming Admissions Admitted), page
25 3, and Exhibit 2 (Plaintiff's 3/29/2021 Motion
for Order Deeming Matters Admitted as to
26 Defendant Seema Kwatra), Exhibit 1 thereto
5
Separate Statement of Facts ISO Plaintiff, River Park Properties H's Motion for Summary Judgment on Complaint for Damages
River Park Properties II v. Seema Kwatra; et al., Case No. 20CECG02239
PS
(Plaintiff's Requests for Admissions, Set 1, to
Defendant Seema Kwatra), RFA (Truth of
2 Facts) #2, 2:8-11, and ~bit 3 (Plaintiff's
3/29/2021 Motion for Order Deeming Matters
3
Admitted as to Defendant Saaniya Kwatra),
4 Exhibit 1 thereto (Plaintiff's Requests for
Admissions, Set 1, to Defendant Saaniya
5 Kwatra), RFA (Truth of Facts) #2, 2:8-11;
Kuniyoshi Deel., ,10)
6 13. Defendants received money from others as 13.
part of the governmental COVID-19 relief
7
efforts that they could have used to pay to
8 plaintiff the rents due under the lease, but did
not use any of the funds for that purpose.
9 (Plaintiff's Request for Judicial Notice, filed
and served herewith, Exhibit 1 (9/22/2021
10 Order Deeming Admissions Admitted), page
3, and Exhibit 2 (Plaintiff's 3/29/2021 Motion
11
for Order Deeming Matters Admitted as to
12
Defendant Seema Kwatra), Exhibit 1 thereto
(Plaintiff's Requests for Admissions, Set 1, to
13 Defendant Seema Kwatra), RFA (Truth of
Facts) #3, 2:12-13, and Exhibit 3 (Plaintiff's
14 3/29/2021 Motion for Order Deeming Matters
Admitted as to Defendant Saaniya Kwatra),
15
Exhibit 1 thereto (Plaintiff's Requests for
16
Admissions, Set 1, to Defendant Saaniya
Kwatra), RFA (Truth of Facts) #3, 2:12-13;
17 Kuniyoshi Deel., ,11)
14. Defendants have no valid defense to the 14.
18 claims asserted in plaintiff's complaint.
(Plaintiff's Request for Judicial Notice, filed
19
and served herewith, Exhibit 1 (9/22/2021
·20
Order Deeming Admissions Admitted), page
3, and Exhibit 2 (Plaintiff's 3/29/2021 Motion
21 for Order Deeming Matters Admitted as to
Defendant Seema Kwatra), Exhibit 1 thereto
22 (Plaintiff's Requests for Admissions, Set 1, to
Defendant Seema Kwatra), RFA (Truth of
23
Facts) #14, 3:17-18, and Exhibit 3 (Plaintiff's
3/29/2021 Motion for Order Deeming Matters
24
Admitted as to Defendant Saaniya Kwatra),
25 Exhibit 1 thereto (Plaintiff's Requests for
Admissions, Set 1, to Defendant Saaniya
26 Kwatra), RFA (Truth of Facts) #14, 3:17-18)
6
Separate Statement of Pacts ISO Plaintiff; River Park Properties !I's Motion for Summary Judgment on Complaint for Damages
River Park Properties II v. Seema Kwatra; et al., Case No. 20CECG02239
PG
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3 Dated: Octobe~f', 2021
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Separate Statement of Facts ISO Plaintiff, River Park Properties II's Motion for Summary Judgment on Complaint for Damages
River Park Properties II v. Seema Kwatra; et al., Case No. 20CECG02239
P7
Preview
GREGORY L. ALTOUNIAN #128398 E-FILED Attorney at Law 10/28/2021 8:00 AM 2 295 West Cromwell Avenue, Suite 104 Superior Court of California Fresno, California 93711 County of Fresno 3 Tel: (559) 435-6200 By: I. Herrera, Deputy Fax: (559) 435-6300 4 5 Attorney for Plaintiff, River Park Properties IL 6 7 SUPERIOR COURT OF CALIFORNIA, COUNTY OF FRESNO 8 CIVIL DIVISION - UNLIMITED CIVIL CASE 9 RIVER PARK PROPERTIES II; ) Case No: 20CECG02239 10 ) Plaintiff, ) SEPARATE STATEMENT OF 11 ) UNDISPUTED MATERIAL FACTS IN 12 v. j SUPPORT OF PLAINTIFF, RIVER PARK ) PROPERTIES Il'S, NOTICE OF MOTION 13 SEEMA KWATRA; SAANIYA KWATRA; ) AND MOTION FOR SUMMARY 14 and DOES 1 through 100, j JUDGMENT ON THE COMPLAINT FOR ) DAMAGES Ddendants. 15 ) 16 j D_ate: January 19, 2022 ) Trme: 3 :30 p.m. 17 ) Dept: 502 ) Honorable Rosemary McGuire 18 ) 19 j C~mplaint Filed: July 31, 2020 ) Tnal Date: May 9, 2022 20 ) ) 21 ) ) 22 Ill// 23 /Ill 24 Ill 25 II 26 L Separate Statement of Facts ISO Plaintiff, River Park Properties II's Motion for Summary Judgment on Complaint for Damages River Park Properties II v. Seema Kwatra; et al., Case No. 20CECG02239 P1 Moving Parties' Undisputed Material Facts Opposing Party's Response and Supporting and Sunoorting Evidence: Evidence. 2 1. 1. Plaintiff (as Landlord) and defendants (as Tenant) were parties to a commercial lease 3 relating to a space in the River Park shopping 4 center where defendants for a time operated a Haagen-Dazs ice cream shop selling ice 5 cream and associated products on a retail, and primarily take-out, basis to members of the 6 public. (Plaintiffs Request for Judicial Notice, filed 7 and served herewith, Exhibit 1 (9/22/2021 8 Order Deeming Admissions Admitted), page 3, and Exhibit 2 (Plaintiffs 3/29/2021 Motion 9 for Order Deeming Matters Admitted as to Defendant Seema Kwatra), Exhibit 1 thereto 10 (Plaintiffs Requests for Admissions, Set 1, to Defendant Seema Kwatra), RFA (Truth of 11 Facts) #1-#14 and RFA (Genuineness of 12 Documents) #1, and Exhibit 1 thereto (Shopping Center Lease), page 1, Article 1, 13 Fundamental Lease Provisions,§§ i.1-1.18, and Exhibit 3 (Plaintiffs 3/29/2021 Motion 14 for Order Deeming Matters Admitted as to Defendant Sanniya Kwatra), Exhibit 1 thereto 15 (Plaintiffs Requests for Admissions, Set 1, to 16 Defendant SaaniyaKwatra), RFA (Truth of Facts) #1-#14 and RFA (Genuineness of 17 Documents) #1, and Exhibit 1 thereto (Shopping Center Lease), page 1, Article 1, 18 Fundamental Lease Provisions,§§ 1.1-1.18; Declaration of Daniel Kuniyoshi, attached as 19 Exhibit 1 to Plaintiffs Statement of Evidence 20 served and filed herewith (Kuniyoshi Deel.), ~2) 21 2. Defendants did not pay any of the rents due 2. under the !ease since March 2020 despite 22 plaintiffs full performance of its obligations under the Lease. 23 (Plaintiffs Request for Judicial Notice, filed and served herewith, Exhibit 1 (9/22/2021 24 Order Deeming Admissions Admitted), page 25 3, and Exhibit 2 (Plaintiffs 3/29/2021 Motion for Order Deeming Matters Admitted as to 26 Defendant Seema Kwatra), Exhibit 1 thereto 2 Separate Statement of Facts ISO Plaintiff, River Park Properties II's Motion for Summary Judgment on Complaint for Damages River Park Properties II v. Seema Kwatra; et al., Case No. 20CECG02239 P2 (Plaintiff's Requests for Admissions, Set 1, to Defendant Seema Kwatra), RFA (Truth of 2 Facts) #4, 2:14-15, and Exhibit 3 (Plaintiff's 3/29/2021 Motion for Order Deeming Matters 3 Admitted as to Defendant Saaniya Kwatra), 4 Exhibit 1 thereto (Plaintiff's Requests for Admissions, Set 1, to Defendant Saaniya 5 Kwatra), RFA (Truth of Facts) #4, 2:14-15; Kuniyoshi Deel., ,2 and ,4) 6 3. Defendants did not voluntarily relinquish 3. possession of the leased premises to plaintiff 7 when they stopped paying rent, but continued 8 to conduct business in the premises. (Plaintiff's Request for Judicial Notice, filed 9 and served herewith, Exhibit 1 (9/22/2021 Order Deeming Admissions Admitted), page 10 3, and Exhibit 2 (Plaintiff's 3/29/2021 Motion for Order Deeming Matters Admitted as to 11 Defendant Seema Kwatra), Exhibit 1 thereto 12 (Plaintiff's Requests for Admissions, Set 1, to Defendant Seema Kwatra), RFA (Truth of 13 Facts) #5 and #6, 2:16-22, and Exhibit 3 (Plaintiff's 3/29/2021 Motion for Order 14 Deeming Matters Admitted as to Defendant Saaniya Kwatra), Exhibit 1 thereto (Plaintiff's 15 Requests for Admissions, Set 1, to Defendant 16 Saaniya Kwatra), RFA (Truth of Facts) #5 and #6, 2:16-22; Kuniyoshi Deel., ~4) 17 4. The term of the lease expires on July 31, 4. 2026. 18 (Plaintiff's Request for Judicial Notice, filed and served herewith, Exhibit 1 (9/22/2021 19 Order Deeming Admissions Admitted), page 3, and Exhibit 2 (Plaintiff's 3/29/2021 Motion 20 for Order Deeming Matters Admir.:ed as to 21 Defendant Seema Kwatra), Exhibit 1 thereto (Plaintiff's Requests for Admissions, Set 1, to 22 Defendant Seema Kwatra), RFA (Truth of Facts) #9, 3:5, and Exhibit 3 (Plaintiff's 23 3729/2021 Motion for Order Deeming Matters Admitted as to Defendant Saaniya Kwatra), 24 Exhibit 1 thereto (Plaintiff's Requests for 25 Admissions, Set 1, to Defendant Saaniya Kwatra), RFA (Truth of Facts) #9, 3:5; 26 Kuniyoshi Deel., tJ3) 3 Separate Statement of Pacts ISO Plaintiff, River Park Properties !I's Motion for Summary Judgment on Complaint for Damages River Park Properties II v. Seema Kwatra; et al., Case No. 20CECG02239 P3 I I I ' 1 5.The rents accrued and unpaid by defendants 5. under the lease from April 1, 2020 through 2 October 31, 2021 total $94,795.90. (Kuniyoshi Deel., ,5) 3 6. In mitigation of its damages caused by 6. 4 defendants' breach of the lease, plaintiff expended $3,540.68 to make repairs to the 5 leased premises necessary for leasing the space to the new tenant who is expected to 6 begin paying rent for the leased premises on August 1, 2022. 7 (Kuniyoshi Deel., ,6) 8 7. The future rents owed by defendants under 7. the lease from January 1, 2022 through July 9 31, 2026, with credits for payments expected to be made by a new tenant beginning on 10 August 1, 2022 and discounted to present value, total $130,111.66. 11 (Kuniyoshi Deel., ,7) 12 8. The additional credits against the amounts 8. owed by defendants total $7,062.42, leaving a 13 total amount of damages owed by defendants to plaintiff of $231, 481. 77. 14 (Kuniyoshi Deel., ,8) 9. Defendants did not maintain business 9. 15 income replacement insurance as required by 16 section 7.2.6 of the lease. (Plaintiffs Request for Judicial Notice, filed 17 and served herewith, Exhibit 1 (9/22/2021 Order Deeming Admissions Admitted), page 18 3, and Exhibit 2 (Plaintiffs 3/29/2021 Motion for Order Deeming Matters Admitted as to 19 Defendant Seema Kwatra), Exhibit 1 thereto 20 (Plaintiffs Requests for Adnissions, Set 1, to Defendant Seema Kwatra), RF A (Truth of 21 Facts) #7, 2:23-24, and Exhibit 3 (Plaintiffs 3/29/2021 Motion for Order Deeming Matters 22 Admitted as to Defendant Saaniya Kwatra), Exhibit 1 thereto (Plaintiff's Requests for 23 Admissions, Set 1, to Defendant Saaniya 24 Kwatra), RFA (Truth of Facts) #7, 2:23-24; Kuniyoshi Deel., ,9) 25 10. Defendants did not pay to plaintiff any 10. rents due under the lease from the proceeds of 26 business income replacement insurance that 4 Separate Statement of Facts ISO Plaintiff, River Park Properties H's Motion for Summary Judgment on Complaint for Damages River Park Properties II v. Seema Kwatra; et al., Case No. 20CECG02239 P4 they were required by section 7.2.6 of the lease to maintain. 2 (Plaintiff's Request for Judicial Notice, filed and served herewith, Exhibit 1 (9/22/2021 3 Order Deeming Admissions Admitted), page 4 3, and Exhibit 2 (Plaintiff's 3/29/2021 Motion for Order Deeming Matters Admitted as to 5 Defendant Seema Kwatra), Exhibit 1 thereto (Plaintiff's Requests for Admissions, Set 1, to 6 Defendant Seema Kwatra), RFA (Truth of Facts) #8, 3:2-4, and Exhibit 3 (Plaintiff's 7 3/29/2021 Motion for Order Deeming Matters 8 Admitted as to Defendant Saaniya Kwatra), Exhibit 1 thereto (Plaintiff's Requests for 9 Admissions, Set 1, to Defendant Saaniya Kwatra), RFA (Truth of Facts) #8, 3:2-4; 10 Kuniyoshi Deel., ,9) 11. Defendants told plaintiff that they could 11. 11 not pay rents due under the lease because of 12 COVID-19. (Plaintiff's Request for Judicial Notice, filed 13 and served herewith, Exhibit 1 (9/22/2021 Order Deeming Admissions Admitted), page 14 3, and Exhibit 2 (Plaintiff's 3/29/2021 Motion for Order Deeming Matters Admitted as to 15 Defendant Seema Kwatra), Exhibit 1 thereto 16 (Plaintiff's Requests for Admissions, Set 1, to Defendant Seema Kwatra), RF A (Truth of 17 Facts) #1, 2:2-7, and Exhibit 3 (Plaintiff's 3/29/2021 Motion for Order Deeming Matters 18 Admitted as to Defendant Saaniya Kwatra), Exhibit 1 thereto (Plaintiff's Requests for 19 Admissions, Set 1, to Defendant Saaniya Kwatra), RFA (Truth of Facts) #1, 2:2-7; . 20 Kuniyoshi Deel., ,10) 21 12. Defendants never provided plaintiff with 12. any documentation supporting their assertions 22 to plaintiff that they could not pay the rents due under the lease because of COVID-19. 23 (Plaintiff's Request for Judicial Notice, filed and served herewith, Exhibit 1 (9/22/2021 24 Order Deeming Admissions Admitted), page 25 3, and Exhibit 2 (Plaintiff's 3/29/2021 Motion for Order Deeming Matters Admitted as to 26 Defendant Seema Kwatra), Exhibit 1 thereto 5 Separate Statement of Facts ISO Plaintiff, River Park Properties H's Motion for Summary Judgment on Complaint for Damages River Park Properties II v. Seema Kwatra; et al., Case No. 20CECG02239 PS (Plaintiff's Requests for Admissions, Set 1, to Defendant Seema Kwatra), RFA (Truth of 2 Facts) #2, 2:8-11, and ~bit 3 (Plaintiff's 3/29/2021 Motion for Order Deeming Matters 3 Admitted as to Defendant Saaniya Kwatra), 4 Exhibit 1 thereto (Plaintiff's Requests for Admissions, Set 1, to Defendant Saaniya 5 Kwatra), RFA (Truth of Facts) #2, 2:8-11; Kuniyoshi Deel., ,10) 6 13. Defendants received money from others as 13. part of the governmental COVID-19 relief 7 efforts that they could have used to pay to 8 plaintiff the rents due under the lease, but did not use any of the funds for that purpose. 9 (Plaintiff's Request for Judicial Notice, filed and served herewith, Exhibit 1 (9/22/2021 10 Order Deeming Admissions Admitted), page 3, and Exhibit 2 (Plaintiff's 3/29/2021 Motion 11 for Order Deeming Matters Admitted as to 12 Defendant Seema Kwatra), Exhibit 1 thereto (Plaintiff's Requests for Admissions, Set 1, to 13 Defendant Seema Kwatra), RFA (Truth of Facts) #3, 2:12-13, and Exhibit 3 (Plaintiff's 14 3/29/2021 Motion for Order Deeming Matters Admitted as to Defendant Saaniya Kwatra), 15 Exhibit 1 thereto (Plaintiff's Requests for 16 Admissions, Set 1, to Defendant Saaniya Kwatra), RFA (Truth of Facts) #3, 2:12-13; 17 Kuniyoshi Deel., ,11) 14. Defendants have no valid defense to the 14. 18 claims asserted in plaintiff's complaint. (Plaintiff's Request for Judicial Notice, filed 19 and served herewith, Exhibit 1 (9/22/2021 ·20 Order Deeming Admissions Admitted), page 3, and Exhibit 2 (Plaintiff's 3/29/2021 Motion 21 for Order Deeming Matters Admitted as to Defendant Seema Kwatra), Exhibit 1 thereto 22 (Plaintiff's Requests for Admissions, Set 1, to Defendant Seema Kwatra), RFA (Truth of 23 Facts) #14, 3:17-18, and Exhibit 3 (Plaintiff's 3/29/2021 Motion for Order Deeming Matters 24 Admitted as to Defendant Saaniya Kwatra), 25 Exhibit 1 thereto (Plaintiff's Requests for Admissions, Set 1, to Defendant Saaniya 26 Kwatra), RFA (Truth of Facts) #14, 3:17-18) 6 Separate Statement of Pacts ISO Plaintiff; River Park Properties !I's Motion for Summary Judgment on Complaint for Damages River Park Properties II v. Seema Kwatra; et al., Case No. 20CECG02239 PG 2 3 Dated: Octobe~f', 2021 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 7 Separate Statement of Facts ISO Plaintiff, River Park Properties II's Motion for Summary Judgment on Complaint for Damages River Park Properties II v. Seema Kwatra; et al., Case No. 20CECG02239 P7