Judge: Jon R. Takasugi, Case: 24STCV31422, Date: 2025-03-03 Tentative Ruling

Case Number: 24STCV31422    Hearing Date: March 3, 2025    Dept: 17

Superior Court of California

County of Los Angeles

DEPARTMENT 17

TENTATIVE RULING

            Defendant’s demurrer is SUSTAINED, WITHOUT LEAVE TO AMEND.

            On 11/26/2024, Plaintiff Hatch Bioscience @ Alhambra, LLC (Plaintiff) filed suit against Metic Transplantation Laboratories, Inc. (Defendant), alleging unlawful detainer.

            On 12/16/2024, Defendant demurred to Plaintiff’s Complaint.

            The motion is unopposed.

Discussion

            Defendant argues that Plaintiff’s Complaint fails to strictly comply with the requirements set forth in CCP sections 1161(1) and 1161(2).

            More specifically, Defendant argues that the Complaint fails to allege facts that the underlying notice expired within the statutory period prescribed under CCP section 1161(1) and fails to allege any facts that the rent demanded in the notice to pay or quit accrued within the last year as required under CCP section 1161(2).

            The Court takes Plaintiff’s non-opposition to be a concession to the motion on the merits.

            Based on the foregoing, Defendant’s demurrer is sustained, without leave to amend.

It is so ordered.

Dated:  March    , 2025

   Hon. Jon R. Takasugi
   Judge of the Superior Court

Parties who intend to submit on this tentative must send an email to the court at smcdept17@lacourt.org by 4 p.m. the day prior as directed by the instructions provided on the court website at www.lacourt.org.  If a party submits on the tentative, the party’s email must include the case number and must identify the party submitting on the tentative.  If all parties to a motion submit, the court will adopt this tentative as the final order.  If the department does not receive an email indicating the parties are submitting on the tentative and there are no appearances at the hearing, the motion may be placed off calendar.  For more information, please contact the court clerk at (213) 633-0517.