Judge: Glenn R. Salter, Case: 22-1272990, Date: 2022-11-03 Tentative Ruling

The demurrer of defendant to the First Amended Complaint is SUSTAINED without leave to amend.

 

As the demurrer indicates, the complaint—handwritten by a self-represented litigant—fails to state a cause of action against this defendant.  At best, it is little more than a recitation of events of an unhappy tenant who has just been evicted.

 

The plaintiff has not filed opposition.  Failure to oppose a motion may be construed as an admission that the demurrer has merit.  (See Herzberg v. County of Plumas (2005) 133 Cal.App.4th 1, 20.)

 

If the plaintiff appears at the hearing and offers a reasonable basis on which a cause of action may be stated, the court will grant 20 days leave to amend.

 

The defendant shall give notice.