Judge: Kenneth J. Medel, Case: 37-2023-00038505-CU-UD-CTL, Date: 2023-10-06 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

DEPT.:

EVENT DATE:

EVENT TIME:

HALL OF JUSTICE

TENTATIVE RULINGS - October 05, 2023

10/06/2023  09:30:00 AM  C-66 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Kenneth J Medel

CASE NO.:

CASE CATEGORY:

EVENT TYPE:

CASE TITLE: CASE TYPE:

Civil - Unlimited  Unlawful Detainer - Commercial Demurrer / Motion to Strike 37-2023-00038505-CU-UD-CTL HOWARD KORNBERG TRUSTEE KORNBERG FAMILY TRUST DATED 08-11-92 VS ESQUIVEL [IMAGED] CAUSAL DOCUMENT/DATE FILED: Demurrer, 09/15/2023

Defendant's UNOPPOSED Demurrer is OVERRULED.

This is an unlawful detainer case filed on or about 9/6/23. The form complaint alleges a commercial tenancy. The Complaint alleges that a 3-Day Notice to Pay Rent or Quit was served on August 9, 2023 and expired on August 14, 2023. Rent due and owing is $23,500. The Notice is attached to the Complaint.

Defendant demurs arguing the following: 'The notice quit attached to the Complaint simply ordered me to vacate, without giving me alternative of stopping any legal matters pertaining to my case. (citing Feder v. Wreden Packing and Provision Co., 39 Cal.App.671 (1928). The defendants would like to work -out a fair settlement with the owner to have the eviction dismissed from their records.' Based on these arguments, defendant has not shown that the Complaint fails to state a cause of action for unlawful detainer. The Demurrer is OVERRULED.

Calendar No.: Event ID:  TENTATIVE RULINGS

3020860  49