Judge: Armen Tamzarian, Case: 24STCV17292, Date: 2024-09-25 Tentative Ruling

Case Number: 24STCV17292    Hearing Date: September 25, 2024    Dept: 52

Defendant Yosef Cohen’s Demurrer to Unlawful Detainer Complaint

            Defendant Yosef Cohen demurs to the unlawful detainer complaint by plaintiff 10th St. Property, LLC. 

Defendant demurs on the basis of uncertainty.  “ ‘ “Demurrers for uncertainty are disfavored, and are granted only if the pleading is so incomprehensible that a defendant cannot reasonably respond.” ’ ”  (A.J. Fistes Corp. v. GDL Best Contractors, Inc. (2019) 38 Cal.App.5th 677, 695, alterations omitted.)  A complaint must sufficiently apprise defendants of the claims against them.  (Ibid.) 

Defendant contends the complaint is uncertain because “the notice does not cite the section in the rental agreement that the Defendant is alleged to have failed to perform nor does it cite what law the Defendant violated in his failure to perform.”  (Demurrer, p. 3.)  He further argues the court should sustain the demurrer without leave to amend “[b]ased on the foregoing argument regarding a deficient notice, and the fact that the notice, and therefore the complaint, cannot be amended.”  (Id., p. 4.)  Defendant thus contends the three-day notice to quit, not the complaint itself, is uncertain.  Defendant provides no authority that one can demur to a complaint based on uncertainty in the three-day notice to quit. 

Assuming uncertainty in a notice to quit is a basis for demurring to an unlawful detainer complaint, neither the notice nor complaint is uncertain.  The complaint alleges, “Defendants failed to comply with the requirements of the notice” to quit served on June 24, 2024.  (Comp., ¶ 9.b.)  The notice to quit is attached to the complaint as exhibit 2.  It is labeled, “3 Day Notice to Pay Rent or Quit For Rent Due On Or After October 1, 2021.”  (Comp., Ex. 2.)  It states defendants are required, within three days, to “Pay rent, which is past due, OR vacate the premises and surrender possession.”  (Ibid.)  It specifies the months for which rent is owed, the amount of rent for each month, and the total owed. (Ibid.)  It also states how to pay the rent owed.  (Ibid.) 

There is nothing uncertain about the notice to quit.  A notice to quit need not cite a section of the written rental agreement.  The notice to quit clearly states its sole basis is unpaid rent.

Disposition

            Defendant Yosef Cohen’s demurrer is overruled.  Defendant Yosef Cohen is ordered to answer the complaint within 5 days.