Judge: Elaine W. Mandel, Case: 24SMCV00825, Date: 2024-05-17 Tentative Ruling

Case Number: 24SMCV00825    Hearing Date: May 17, 2024    Dept: P

Tentative Ruling

Sheldon v. Kohn, et al. Case No. 24SMCV00825

Hearing Date: May 17, 2024

Defendants Kohns’ Demurrer to Plaintiff’s Complaint

Plaintiff Sheldon filed this unlawful detainer action against defendants Matt and Sharon Kohn for failure to pay rent. Defendants demurrer for failure to state a claim.

“The basic elements of unlawful detainer for nonpayment of rent ... are (1) the tenant is in possession of the premises; (2) that possession is without permission; (3) the tenant is in default for nonpayment of rent; (4) the tenant has been properly served with a written three-day notice; and (5) the default continues after the three-day notice period has elapsed.” KB Salt Lake III, LLC v. Fitness Intern., LLC (2023) 95 Cal.App.5th 1032, 1045.

The complaint is completed on a UD-100 form and alleges the parties entered a written 1-year lease, later a month-to-month lease, for $3,300.00 per month. Compl. p. 2 ¶ 6. The rent later increased to $3,835.00 per month. Id. The tenancy was terminated due to the Kohns’ failure to pay rent, and plaintiff alleges past due rent of $31,340.00. Id. ¶¶ 8, 12. The Kohns were served with a 3-day notice to pay rent or quit the premises by posting, by giving a copy to a person found residing at the premises, and by US mail. Id. ¶¶ 9(a). As of February 14, 2023, the Kohns failed to comply with the requirements of the 3-day notice. Id. ¶ 9(b).

On demurrer, all factual allegations must be treated as true. Plaintiff uses the form complaint and alleges all elements of the claim for unlawful detainer. OVERRULED. Defendants must answer within 5 court days.