Judge: Joel R Wohlfeil, Case: 37-2023-00044968-CU-NP-CTL, Date: 2024-03-22 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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TENTATIVE RULINGS - March 19, 2024

03/22/2024  09:00:00 AM  C-73 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Joel R. Wohlfeil

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Civil - Unlimited  Non-PI/PD/WD tort - Other Demurrer / Motion to Strike 37-2023-00044968-CU-NP-CTL SMITH VS HASANNAEIMI [IMAGED] CAUSAL DOCUMENT/DATE FILED: Demurrer, 02/05/2024

The general Demurrer (ROA # 21) of Cross-Defendants Erik Smith Sr. and Atiya Smith ('Cross-Defendants') to the First Amended Cross-Complaint ('FAC-C') by Cross-Complainant VAHID HASANNAEIMI ('Cross-Complainant'), is OVERRULED.

Cross-Defendants are ordered to file and serve their Answer to the FAC-C within twenty (20) days of this hearing.

The FAC-C sufficiently alleges each element of a claim for breach of the lease agreement. Whether the premises was untenantable such that Cross-Defendants were permitted to vacate the premises and discharged from further payment of rent or performance of other conditions is a question of fact that cannot be determined via this Demurrer. See Civ. Code 1942(a).

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