Case Number:
20SMCV01622
Hearing Date:
November 9, 2023
Dept:
P
Tentative Ruling

Goosen v. Draz et al., Case No. 20SMCV01622 (Consolidated with
21SMCV00332)

Hearing Date November 9, 2023

Defendants Goosens Motion for Summary Judgment/Adjudication



Plaintiff Goosen sued tenant defendants Draz and Draz Investment Group for unlawful detainer. After Draz vacated, Goosens remaining claims are for waste and breach of lease. In the second action, plaintiff Draz alleges the Goosens breached the lease by failing to perform improvements and repairs Draz allegedly paid for. The Goosens move for summary judgment.



Declaratory Relief

Declaratory relief is a prospective remedy which exists to declare future rights rather than to redress past wrongs.
Canova v. Trustees of Imperial Irrigation Dist. Employee Pension Plan
(2007) 150 Cal.App.4th 1487, 1497.



Draz requests a declaration that he is entitled to a ten-year amortization period to use the property in