This case was last updated from Los Angeles County Superior Courts on 01/22/2022 at 07:17:21 (UTC).

GOVIND VAGHASHIA, ET AL. VS RAKESH KOTHARI

Case Summary

On 09/28/2021 GOVIND VAGHASHIA, filed an Other lawsuit against RAKESH KOTHARI. This case was filed in Los Angeles County Superior Courts, Burbank Courthouse located in Los Angeles, California. The Judge overseeing this case is WILLIAM D. STEWART. The case status is Disposed - Dismissed.
Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******0872

  • Filing Date:

    09/28/2021

  • Case Status:

    Disposed - Dismissed

  • Case Type:

    Other

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judge

WILLIAM D. STEWART

 

Party Details

Plaintiffs

VAGHASHIA FAMILY LIMITED PARTNERSHIP

VAGHASHIA GOVIND

Defendant

KOTHARI RAKESH

Attorney/Law Firm Details

Plaintiff Attorney

PHAM TERI THUY

Defendant Attorney

UKEJE ELOCHE P.

 

Court Documents

Minute Order - MINUTE ORDER (STATUS CONFERENCE)

1/19/2022: Minute Order - MINUTE ORDER (STATUS CONFERENCE)

Minute Order - MINUTE ORDER (STATUS CONFERENCE; HEARING ON MOTION TO STRIKE (NOT ANTI-SLAP...)

12/10/2021: Minute Order - MINUTE ORDER (STATUS CONFERENCE; HEARING ON MOTION TO STRIKE (NOT ANTI-SLAP...)

Certificate of Mailing for - CERTIFICATE OF MAILING FOR (STATUS CONFERENCE; HEARING ON MOTION TO STRIKE (NOT ANTI-SLAP...) OF 12/10/2021

12/10/2021: Certificate of Mailing for - CERTIFICATE OF MAILING FOR (STATUS CONFERENCE; HEARING ON MOTION TO STRIKE (NOT ANTI-SLAP...) OF 12/10/2021

Notice of Unlawful Detainer (Eviction) - NOTICE OF UNLAWFUL DETAINER (EVICTION) (ALL OCCUPANTS)

9/30/2021: Notice of Unlawful Detainer (Eviction) - NOTICE OF UNLAWFUL DETAINER (EVICTION) (ALL OCCUPANTS)

Notice of Unlawful Detainer (Eviction) - NOTICE OF UNLAWFUL DETAINER (EVICTION) (RAKESH KOTHARI)

9/30/2021: Notice of Unlawful Detainer (Eviction) - NOTICE OF UNLAWFUL DETAINER (EVICTION) (RAKESH KOTHARI)

Minute Order - MINUTE ORDER (COURT ORDER RE APPLICATION TO POST)

11/2/2021: Minute Order - MINUTE ORDER (COURT ORDER RE APPLICATION TO POST)

Certificate of Mailing for - CERTIFICATE OF MAILING FOR (COURT ORDER RE APPLICATION TO POST) OF 11/02/2021

11/2/2021: Certificate of Mailing for - CERTIFICATE OF MAILING FOR (COURT ORDER RE APPLICATION TO POST) OF 11/02/2021

Minute Order - MINUTE ORDER (STATUS CONFERENCE)

11/10/2021: Minute Order - MINUTE ORDER (STATUS CONFERENCE)

Application for Order to Post

11/15/2021: Application for Order to Post

Motion to Strike (not anti-SLAPP) - without Demurrer

11/22/2021: Motion to Strike (not anti-SLAPP) - without Demurrer

Proof of Service by Posting

11/29/2021: Proof of Service by Posting

Declaration - DECLARATION OF TERI PHAM ISO EX PARTE APPLICATION

12/1/2021: Declaration - DECLARATION OF TERI PHAM ISO EX PARTE APPLICATION

Ex Parte Application - EX PARTE APPLICATION FOR ORDER SPECIALLY SETTING AND SHORTENING TIME TO HEAR DEFENDANT'S MOTION TO STRIKE COMPLAINT

12/1/2021: Ex Parte Application - EX PARTE APPLICATION FOR ORDER SPECIALLY SETTING AND SHORTENING TIME TO HEAR DEFENDANT'S MOTION TO STRIKE COMPLAINT

Minute Order - MINUTE ORDER (STATUS CONFERENCE)

12/1/2021: Minute Order - MINUTE ORDER (STATUS CONFERENCE)

Minute Order - MINUTE ORDER (HEARING ON EX PARTE APPLICATION TO SPECIALLY SET AND SHORTEN ...)

12/2/2021: Minute Order - MINUTE ORDER (HEARING ON EX PARTE APPLICATION TO SPECIALLY SET AND SHORTEN ...)

Notice of Related Case

12/3/2021: Notice of Related Case

Unknown - EX PARTE PROPOSED ORDER TO SPECIALLY SET AND SHORTEN TIME TO HEAR MOTION TO STRIKE COMPLAINT

12/3/2021: Unknown - EX PARTE PROPOSED ORDER TO SPECIALLY SET AND SHORTEN TIME TO HEAR MOTION TO STRIKE COMPLAINT

Opposition - OPPOSITION TO DEFENDANT'S MOTION TO STRIKE COMPLAINT

12/6/2021: Opposition - OPPOSITION TO DEFENDANT'S MOTION TO STRIKE COMPLAINT

15 More Documents Available

 

Docket Entries

  • 01/19/2022
  • Docketat 08:30 AM in Department A, William D. Stewart, Presiding; Status Conference - Not Held - Taken Off Calendar by Court

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  • 01/19/2022
  • DocketMinute Order ( (Status Conference)); Filed by Clerk

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  • 12/10/2021
  • Docketat 08:30 AM in Department A, William D. Stewart, Presiding; Status Conference - Not Held - Continued - Court's Motion

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  • 12/10/2021
  • Docketat 08:30 AM in Department A, William D. Stewart, Presiding; Hearing on Motion to Strike (not anti-SLAPP) - without Demurrer (Complaint Filed by Deft Rakesh Kothari) - Held - Motion Granted

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  • 12/10/2021
  • DocketCertificate of Mailing for ((Status Conference; Hearing on Motion to Strike (not anti-SLAP...) of 12/10/2021); Filed by Clerk

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  • 12/10/2021
  • DocketMinute Order ( (Status Conference; Hearing on Motion to Strike (not anti-SLAP...)); Filed by Clerk

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  • 12/08/2021
  • DocketReply (To Opposition to Motion to Strike); Filed by Rakesh Kothari (Defendant)

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  • 12/07/2021
  • Docketat 09:37 AM in Department A, William D. Stewart, Presiding; Court Order

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  • 12/07/2021
  • DocketCertificate of Mailing for ((Court Order re NOTICE OF RELATED CASE) of 12/07/2021); Filed by Clerk

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  • 12/07/2021
  • DocketMinute Order ( (Court Order re NOTICE OF RELATED CASE)); Filed by Clerk

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15 More Docket Entries
  • 11/02/2021
  • DocketCertificate of Mailing for ((Court Order re APPLICATION TO POST) of 11/02/2021); Filed by Clerk

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  • 11/02/2021
  • DocketMinute Order ( (Court Order re APPLICATION TO POST)); Filed by Clerk

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  • 09/30/2021
  • DocketNotice of Unlawful Detainer (Eviction) ((Rakesh Kothari)); Filed by Clerk

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  • 09/30/2021
  • DocketNotice of Unlawful Detainer (Eviction) ((ALL OCCUPANTS)); Filed by Clerk

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  • 09/29/2021
  • DocketNotice of Status Conference and Order; Filed by Clerk

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  • 09/28/2021
  • DocketNotice of Case Assignment - Unlimited Civil Case; Filed by Clerk

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  • 09/28/2021
  • DocketSupplemental Cover Sheet and Allegations for Unlawful Detainer - Complaint; Filed by Govind Vaghashia (Plaintiff); Vaghashia Family Limited Partnership (Plaintiff)

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  • 09/28/2021
  • DocketSummons (on Complaint); Filed by Govind Vaghashia (Plaintiff); Vaghashia Family Limited Partnership (Plaintiff)

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  • 09/28/2021
  • DocketCivil Case Cover Sheet; Filed by Govind Vaghashia (Plaintiff); Vaghashia Family Limited Partnership (Plaintiff)

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  • 09/28/2021
  • DocketComplaint; Filed by Govind Vaghashia (Plaintiff); Vaghashia Family Limited Partnership (Plaintiff)

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Tentative Rulings

b'

Case Number: *******0872 Hearing Date: December 10, 2021 Dept: A

Motion to Strike

Calendar:

Add-On

Case No.:

*******0872

Hearing Date:

December 10, 2021

Action Filed:

September 28, 2021

Trial Date:

Not Set

MP:

Defendant Rakesh Kothari

RP:

Plaintiffs Vaghashia Family Limited Partnership; Govind Vaghashia

ALLEGATIONS:

Plaintiffs Vaghashia Family Limited Partnership and Govind Vaghashia ("Plaintiffs") filed an unlawful detainer action against Defendant Rakesh Kothari ("Defendant") on September 28, 2021 on the basis of a 60-day notice to quit.

PRESENTATION:

The Court received the Motion to Strike filed by Defendant on November 22, 2021; the opposition field by Plaintiffs on December 06, 2021; and the reply filed by Defendant on December 08, 2021.

RELIEF REQUESTED:

Defendant moves to strike the operative Complaint.

DISCUSSION:

Standard of Review – Motion to Strike – Motions to strike are used to reach defects or objections to pleadings that are not challengeable by demurrer, such as words, phrases, and prayers for damages. (See Code Civ. Proc., ;; 435, 436, and 437.) The proper procedure to attack false allegations in a pleading is a motion to strike. (Code Civ. Proc., ; 436, subd. (a).) In granting a motion to strike made under CCP ; 435, “[t]he court may, upon a motion made pursuant to Section 435 [notice of motion to strike whole or part of complaint], or at any time in its discretion, and upon terms it deems proper: (a) Strike out any irrelevant, false, or improper matter inserted in any pleading.” (Code Civ. Proc., ; 436, subd. (a).) Irrelevant matters include immaterial allegations that are not essential to the claim or those not pertinent to or supported by an otherwise sufficient claim. (Code Civ. Proc., ; 431.10.) The court may also “[s]trike out all or any part of any pleading not drawn or filed in conformity with the laws of this state, a court rule, or an order of the court.” (Code Civ. Proc., ; 436, subd. (b).)

Merits – Defendant argues that Plaintiffs failed to serve the 60 Days\' Notice to Quit in compliance with Civil Code ; 1946.1(h). In opposition, Plaintiffs argue that Defendant fails to demonstrate any merits; that Civil Code ; 1946.1 applies only to leases of unspecified term; and that Plaintiffs were not required to give notice prior to initiating unlawful detainer proceedings pursuant to CCP ; 1161(1) (mistakenly cited as Civil Code ; 1161(1).

Civil Code ; 1946.1 provides in pertinent part:

(a) Notwithstanding Section 1946, a hiring of residential real property for a term not specified by the parties, is deemed to be renewed as stated in Section 1945, at the end of the term implied by law unless one of the parties gives written notice to the other of his or her intention to terminate the tenancy, as provided in this section.

. . .

(h) Any notice given by an owner pursuant to this section shall contain, in substantially the same form, the following:

“State law permits former tenants to reclaim abandoned personal property left at the former address of the tenant, subject to certain conditions. You may or may not be able to reclaim property without incurring additional costs, depending on the cost of storing the property and the length of time before it is reclaimed. In general, these costs will be lower the sooner you contact your former landlord after being notified that property belonging to you was left behind after you moved out.”

(Civ. Code, ; 1946.1.)

Upon review of the Complaint, the Court cannot locate any allegation that the alleged oral agreement between the parties was made on a fixed term. The Complaint only alleges that the tenancy was rented out as compensation, that Defendant was terminated on March 08, 2018, and that Defendant has been holding the property over since that date. (Complaint, ¶¶ 6(a)(1), 6(b), 6(d).) On the basis of these allegations, the Court can only conclude that the agreement was made on an unspecified term. Plaintiffs were thus required to serve Defendant with a 60-day Notice to Quit in compliance with Civil Code ; 1946.1(h). A review of Exhibit 2, attached to the Complaint, and represented as the operative 60-day Notice to Quit, shows that the notice is not in compliance as it does not contain the mandatory language. The failure to include this language thus affects the validity of the notice to terminate. The Court will not address Plaintiffs\' citation to CCP ; 1161(1), as the statute was repealed.

The Court will thus grant the motion to strike. There can be no leave to amend as the notice is defective.

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RULING:

In the event the parties submit on this tentative ruling, or a party requests a signed order or the court in its discretion elects to sign a formal order, the following form will be either electronically signed or signed in hard copy and entered into the court’s records.

ORDER

Defendant Rakesh Kothari\'s Motion to Strike came on regularly for hearing on December 10, 2021, with appearances/submissions as noted in the minute order for said hearing, and the court, being fully advised in the premises, did then and there rule as follows:

THE MOTION TO STRIKE IS GRANTED.

DATE: _______________ _______________________________

JUDGE

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