Judge: Jon R. Takasugi, Case: 24STCV17002, Date: 2024-12-27 Tentative Ruling

Case Number: 24STCV17002    Hearing Date: December 27, 2024    Dept: 17

Superior Court of California

County of Los Angeles

DEPARTMENT 17

TENTATIVE RULING

Defendants’ motion to quash is DENIED.

            On 7/9/2024, Plaintiff Legacy Enterprises Construction LLC (Plaintiff) filed suit against Nicole Reyes and De Shaun Myers (collectively, Defendants), alleging unlawful detainer.

            On 12/23/2024, Defendants moved to quash the Complaint.

Discussion 

            Defendants argue that the Complaint should be quashed on the grounds that the Plaintiff lacks standing to bring this action, as Plaintiff was not the legal owner of the property at issue during the relevant time period of the lease agreements referenced in the Complaint.

            In opposition, Plaintiff notes that Defendants have made a general appearance in this action by filing answers, and thus have effectively waived any challenge to jurisdiction. (See Roy v. Superior Court (2005) 127 Cal.App.4th 337, 341, noting “[i]t has long been the rule in California that “a party waives any objection to the court's exercise of personal jurisdiction when the party makes a general appearance in the action.”)

            However, setting this aside, the Court finds that Plaintiff has set forth sufficient facts to allege standing. Plaintiff alleges that it is the “Landlord-Owner.” Whether or not Plaintiff is, in fact, the Landlord-Owner is a factual determination not properly determined via this motion. (See Delta Imports, Inc. v. Mun. Ct. (1983) 146 Cal.App.3d 1033, 1036, holding that a motion to quash is, in effect, virtually identical to general demurrer, i.e., the only issue is whether, on the face of the pleading, the 5-day summons is supported by the allegation of cause of action for unlawful detainer.)

            Based on the foregoing, Defendants’ motion to quash is denied.

It is so ordered.

Dated:  December    , 2024

   Hon. Jon R. Takasugi
   Judge of the Superior Court

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