Judge: Elaine W. Mandel, Case: 22SMCV01005, Date: 2022-09-22 Tentative Ruling

Case Number: 22SMCV01005    Hearing Date: September 22, 2022    Dept: P

Tentative Ruling
Sequoia Shores, LLC v. 2435 Main Street, LLC Case No. 22SMCV01005
Hearing Date September 22, 2022
Defendant 2435 Main Street, LLC’s Demurrer to Plaintiff’s Complaint

On July 18, 2022, the Court deemed this commercial unlawful detainer action related to 22SMCV00794, a breach of contract case seeking unpaid rent from defendant tenant, which became the lead case. Defendant tenant demurs, arguing there is another action pending between the same parties on the same cause of action. Code of Civil Procedure section 430.10, subdivision (c), authorizes a demurrer when “[t]here is another action pending between the same parties on the same cause of action.” Defendant requests the Court to take judicial notice of court filings. The Court grants the unopposed request.

Plaintiff’s breach of contract action seeks damages for failure to pay rent (Case No. 22SMCV00794). Plaintiff filed a notice of related cases to this UD matter; the Court deemed the matters related on July 18, 2022. This is a UD action; 22SMCV00794 is a breach of contract action for unpaid rent. These are not the same causes of action. It is immaterial that the actions are deemed related. Further, the actions concern defendant’s failure to pay rent during different time periods. OVERRULED. Defendant to answer within 5 days.