Judge: Helen Zukin, Case: 22SMCV00569, Date: 2022-09-08 Tentative Ruling

Case Number: 22SMCV00569    Hearing Date: September 8, 2022    Dept: 207

Background

This is an unlawful detainer action brought by Plaintiff Sunset Equity Partners, LLC (“Plaintiff”) against Defendant Filemon Garcia (“Defendant”) concerning the commercial property located at 1323 Venice Boulevard, Los Angeles, California. When Defendant did not make an appearance in this action, default was entered against him on May 10, 2022, followed by the entry of a default judgment against him on May 19, 2022.

On July 25, 2022, the Court granted Defendant’s motion to set aside the entry of default and default judgment. Defendant now brings this demurrer to Plaintiff’s Complaint, arguing it fails to state sufficient facts to constitute a cause of action for unlawful detainer under Code Civ. Proc. § 430.10(e) as the copy of the lease attached to the Complaint is illegible.

Demurrer Standard

When considering demurrers, courts read the allegations liberally and in context. (Wilson v. Transit Authority of City of Sacramento (1962) 199 Cal.App.2d 716, 720-21.) In a demurrer proceeding, the defects must be apparent on the face of the pleading or via proper judicial notice. (Donabedian v. Mercury Ins. Co. (2004) 116 Cal.App.4th 968, 994.) “A demurrer tests the pleading alone, and not on the evidence or facts alleged.” (E-Fab, Inc. v. Accountants, Inc. Servs. (2007) 153 Cal.App.4th 1308, 1315.) As such, the court assumes the truth of the complaint’s properly pleaded or implied factual allegations. (Id.) However, it does not accept as true deductions, contentions, or conclusions of law or fact.  (Stonehouse Homes LLC v. City of Sierra Madre (2008) 167 Cal.App.4th 531, 538.)

Analysis

Defendant’s demurrer is narrowly drawn and asserts only “The lease attached to Plaintiff’s complaint as Exhibit 1 is illegible. The lease is ambiguous and unintelligible because it is illegible.” (Demurrer at 4.) The Court has reviewed Exhibit 1 to the Complaint and finds the size of the font and quality of the photocopy make it generally difficult to read but not illegible. The Court also notes the material terms of the lease are set forth in the Complaint at paragraphs 14-18. Accordingly, the Court rejects Defendant’s assertion that the Complaint fails to state a cause of action against Defendant by virtue of the illegibility of the lease attached as Exhibit 1 and Defendant’s demurrer is OVERRULED.

Conclusion

Defendant Filemon Garcia’s demurrer is OVERRULED. Defendant is to file an answer within 5 days of the date of this order.