Minute Order

Cal. Super. - 6th Dist.March 3, 2020

SUPERIOR COURT OF CALIFORNIA COUNTY OF SANTA CLARA MINUTE ORDER Adrian Garfias vs Essex Property Financial Corp Hearing Start Time: 8:30 AM ZOSCOSZSOB Hearing Type: Claim: Plamtn‘fand Defendant Date 0f Hearing: 09/25/2020 Comments: Line #01 Heard By: Copeland, Christine Location: Department 15 Courtroom Reporter: Recording Electronic Courtroom Clerk: Kathy Davidson Court Interpreter: Court Investigator: Parties Present: Future Hearings: Exhibits: - Court convenes 0n the record at 8:42 a.m. t0 8:46 a.m. and at 10:12 a.m. t0 10:33 a.m. ALL parties present are SWORN t0 testify. Isandra De La Cruz, A Community Manager, appears 0n behalf 0fthe DEFENDANT. Said action involves two claims t0 be addressed by the Court: [COP + COD ]: as follows: COP / CLAIM OF PLAINTIFF + COD / CLAIM OF DEFENDANT The COURT examines a copy 0f a residential LEASE. The Court notes for the record that pursuant t0 said lease, there is a missing tenant [MONIQUE LE ]. In addition, it is noted that the named Defendant [ Essex Property Financial C0rp.] is only a property manager, and IMPROPERLY named. The PROPER DEFENDANT is the LANDLORD = [ ESSEX THE CARLYLE]. NO proof 0f service was filed by the PLAINTIFF. The Plaintiff WAIVES all service DEFECTS as t0 the Plaintiff's Claim. Primfid: 9/25/2020 09/25/2020 Claim: Plaintiff and Dfifc‘ndant - EDSCOSZSOS Page l Of} SUPERIOR COURT OF CALIFORNIA COUNTY OF SANTA CLARA MINUTE ORDER NO proof 0f service was filed by the DEFENDANT. The Defendant WAIVES all service DEFECTS as t0 the Defendant's Claim. The COURT therefore orally AMENDS the complaint t0 reflect all 0f the PROPER PARTIES as follows: PLAINTIFFS/TENANTS = Adrian Garfias and Monique Le DEFENDANT/ LANDLORD = Essex The Carlyle The PLAINTIFFS' JOINT TRIAL EXHIBIT #1 is marked for identification and admitted into evidence, as a packet 0f miscellaneous documents, as presented by the TENANTS. The DEFENDANT'S TRIAL EXHIBIT #A is marked for identification and admitted into evidence, as a packet 0f miscellaneous documents, as presented by the LANDLORD. Upon hearing all arguments, the COURT will TAKE this MATI'ER UNDER SUBMISSION. Written notice 0f the Court's Decision as the Plaintiffs' Joint Claim and the Defendant's Counter-Claim will be issued via U.S. Postal Mail within 90 days. Primfid: 9/25/2020 09/25/2020 Claim: Plaintiff and Dfifc‘ndant - EDSCOSZSOS Page 2 Of} Primfid: 9/25/2020 SUPERIOR COURT OF CALIFORNIA COUNTY OF SANTA CLARA MINUTE ORDER 09/25/2020 Claim: Plaintiff and Dfifc‘ndant - EDSCOSZSOS