HEARING ON MOTION FOR MOTION FOR SUMMARY JUDGMENT

FILED BY SHAWNA FRASIER

* TENTATIVE RULING: *

Hearing required.

(The Court notes that on June 19, 2019, plaintiff filed a request for dismissal purporting to dismiss defendant Shawna Frasier only, which was entered by the clerk. Ms. Frasier, however, is a party by virtue of having filed a Prejudgment Claim of Right To Possession on March 6, 2019. Accordingly, Ms. Fraiser cannot be removed as a defendant by virtue of a voluntary dismissal. Thus, the motion remains on calendar.)

When a party files a motion for summary judgment in an unlawful detainer, defendant is entitled to present opposition “orally at the time of hearing or in writing.” (C.R.C. 3.1351(b).) Defendant Shawna Frasier moves for summary judgment on the ground that she is a tenant entitled to either a 30 or 90 day notice under both state and federal law. More specifically, Code of Civil Procedure section 1161b provides that “a tenant or subtenant in possession of a ren