CASE NAME: ESSEX MANAGEMENT v. JOOBEEN
CASE NUMBER: 19SMUD00861 COMPLAINT FILED: 4/24/19
HEARING DATE: 9/9/19
TRIAL DATE: 7/11/19
NOTICE: OK
______________________________________________________________________________
MOTIONS: 1. Defendant’s Motion for a New Trial: DENIED
2. Plaintiff’s Motion for Attorney’s Fees: GRANTED
TENTATIVE RULING
Merits
DEFENDANT’S MOTION FOR NEW TRIAL
Defendant moves for a JNOV or in the alternative a new trial in this unlawful detainer action. Both motions are DENIED as Defendant failed to appear at trial and Plaintiff’s uncontested evidence made a prima facie case of unlawful detainer. There is no basis for Defendant’s alternative motions, and given his history of setting hearings and deliberately failing to appear at them, this Court is convinced that these motions are frivolous and brought for the sole purpose of delay and harassment of Plaintiff. CCP § 128.5.
PLAINTIFF’S MOTION FOR ATTORNEY’S FEES
Having prevailed at the uncontested trial
Hearing Date
September 09, 2019
Type
Unlawful Detainer/Commercial (not drugs or wrongful eviction) (Limited Jurisdiction)
Status
Court Finding - After Court Trial
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CASE NAME: ESSEX MANAGEMENT v. JOOBEEN
CASE NUMBER: 19SMUD00861 COMPLAINT FILED: 4/24/19
HEARING DATE: 9/9/19
TRIAL DATE: 7/11/19
NOTICE: OK
______________________________________________________________________________
MOTIONS: 1. Defendant’s Motion for a New Trial: DENIED
2. Plaintiff’s Motion for Attorney’s Fees: GRANTED
TENTATIVE RULING
Merits
DEFENDANT’S MOTION FOR NEW TRIAL
Defendant moves for a JNOV or in the alternative a new trial in this unlawful detainer action. Both motions are DENIED as Defendant failed to appear at trial and Plaintiff’s uncontested evidence made a prima facie case of unlawful detainer. There is no basis for Defendant’s alternative motions, and given his history of setting hearings and deliberately failing to appear at them, this Court is convinced that these motions are frivolous and brought for the sole purpose of delay and harassment of Plaintiff. CCP § 128.5.
PLAINTIFF’S MOTION FOR ATTORNEY’S FEES
Having prevailed at the uncontested trial