Judge: Gary I. Micon, Case: 24CHCV00564, Date: 2024-04-10 Tentative Ruling



Case Number: 24CHCV00564    Hearing Date: April 10, 2024    Dept: F43

Dept. F43

Date: 4-10-24

Case #24CHCV00564, Shirley Uy vs. Antonio Jackson, et al.

Trial Date: N/A

 

DEMURRER TO COMPLAINT

 

MOVING PARTY: Defendants Antonio Jackson and Falisha Jackson

RESPONDING PARTIES: No response has been filed

 

RELIEF REQUESTED

Demurrer

·         Entire Complaint

 

RULING: Demurrer overruled.

 

SUMMARY OF ACTION AND ANALYSIS

This is unlawful detainer action filed by Plaintiff Shirley Uy (Plaintiff) on February 23, 2024, against Defendants Antonio and Falisha Jackson (Defendants). Plaintiff has alleged that the past due rent on the property is $35,700.00.

 

On March 11, 2024, Defendants filed a demurrer to Plaintiff’s entire complaint in pro per. Defendants demurred to the complaint on the basis that Plaintiff did not verify the complaint pursuant to CCP § 1166(a)(1). However, as far as the Court can tell based on the copy of the complaint filed with the Court, Plaintiff did verify the complaint at the bottom of page 4 of the complaint. The complaint is also signed by Plaintiff’s attorney. It is unclear, based on this, why Defendants have demurred to the complaint on this basis.

 

Defendants’ demurrer to the entire complaint is overruled.

 

Moving party to give notice.