Judge Armen Tamzarian, Case Number: 24STCV06565, Date: 2024-04-23 Tentative Ruling

Judge: Armen Tamzarian, Case: 24STCV06565, Date: 2024-04-23 Tentative Ruling

Case Number: 24STCV06565 Hearing Date: April 23, 2024 Dept: 52

Defendants Henry C. Hernandez and Claire Barrientos’s Demurrer to Complaint

Defendants Henry C. Hernandez and Claire Barrientos demur to the complaint by plaintiff Bellevue La Veta LLC for unlawful detainer.

Defendants’ demurrer asserts two grounds. (Demurrer, p. 3.) First, that “there is no lawfully verified complaint on file.” The complaint is verified by Kora M. Smith, who states she is plaintiff’s managing member. (Page 9 of 11.) Second, the demurrer asserts the complaint fails to allege sufficient facts to constitute a cause of action because plaintiff “failed to file a notice for a just cause eviction to the Los Angeles Housing Department.” Defendants provide no authority that doing so is required nor any explanation of why failing to do so constitutes a defect appearing on the face of the complaint.

Defendants’ memorandum of points and authorities argues “Plaintiff failed to state as to why the subject premises is not subject to Tenant Protections Act of 2019.” (Demurrer, p. 5.) The complaint does just that. It alleges the tenancy is not subject to the Tenant Protection Act of 2019 under Civil Code section 1946.2(g)(1)(A). (Comp., ¶ 7.a.) That subdivision provides the Act does not apply to “[r]esidential real property subject to a local ordinance requiring just cause for termination of a residential tenancy adopted on or before September 1, 2019, in which case the local ordinance shall apply.” (Civ. Code, § 1946.2(g)(1)(A).) The complaint further alleges defendants’ tenancy is subject to the “Rent Stabilization Ordinance of the City of Los Angeles, 04/21/1979” and that “Plaintiff has met all applicable requirements of the ordinances.” (Comp., ¶ 16.) Moreover, the complaint alleges “this action is solely for nonpayment to of rent” (id., ¶ 6.f), which constitutes good cause under either the Tenant Protection Act of 2019 or the City of Los Angeles’s Rent Stabilization Ordinance.

The remainder of defendants’ memorandum of points and authorities states various legal rules without applying them to the complaint in this action.

Defendants Henry C. Hernandez and Claire Barrientos’s demurrer is overruled. Defendants are ordered to answer within 5 days.

If the parties submit to the Court's tentative, please still make your appearance on LACourtConnect at the Trial Setting Conference.