Judge: Elaine W. Mandel, Case: 24SMUD00098, Date: 2024-03-01 Tentative Ruling

Case Number: 24SMUD00098    Hearing Date: March 1, 2024    Dept: P

Tentative Ruling

Jahanbin v. Douglas et al., Case No. 24SMUD00098

Hearing Date March 1, 2024

Defendants Douglas and English’s Demurrer to First Amended Complaint

In this unlawful detainer matter, defendants demur, arguing the thirty-day notice to vacate for cause does not comply with the Santa Monica Rent Control Charter Amendment and its regulations.

SMRCCA §1806(a) establishes a just cause standard for evictions in Santa Monica. Regulation 9001 requires a notice of eviction under the SMRCCA to “contain a specific statement of the reasons for the termination with specific facts to permit a determination of the date, place, witnesses and circumstances concerning the reason for the eviction.”

Defendants demur on the grounds that the 30-day notice does not state the date of the alleged breach. The regulation does not require the notice to state the date of the breach, only to set forth specific facts by which the date can be determined. The notice is detailed and specific, alleging defendants “illegally installed a doorway . . . installed new drywall,” in violation of the Santa Monica Municipal Code and continued in their illegal use of the property despite written notice to cease. Complaint pg. 5.

The notice alleges “[t]hese violations have persisted for several months inside your unit, specifically the garage[.]” The notice contains enough facts for plaintiffs to determine the date the alleged illegal construction was performed. The thirty-day notice is sufficiently specific under the SMRCCA and regulation 9001. OVERRULED.