Judge: Lee W. Tsao, Case: 23NWCV00441, Date: 2023-04-27 Tentative Ruling

Case Number: 23NWCV00441    Hearing Date: April 27, 2023    Dept: C

LUXURIOUS PROPERTIES, LLC v. HERNANDEZ, ET AL.

CASE NO.:  23NWCV00441

HEARING:  4/27/23

#7

TENTATIVE ORDER

Defendant Francisca Bersabe Alas Montoya’s demurrer to plaintiff’s complaint is OVERRULED in its entirety.

Moving Party to give NOTICE.

On February 9, 2023, Plaintiff Luxurious Properties, LLC initialed this unlawful detainer action against Defendants David Hernandez and Francisca Bersabe Alas Montoya (“Montoya”), seeking possession of the property located at 9715 Long Beach Boulevard, Suite A, South Gate CA 90280, past due rent, and other related relief. (See generally Complaint.)  No other claims have been alleged.

On March 3, 2023, Defendant Montoya filed a demurrer inexplicably arguing that the first through sixth causes of action have not been sufficiently pleaded. However, the Court finds this demurrer to be largely unintelligible and inapplicable as it pertains to Plaintiff’s Complaint because the demurrer does not address the claim of unlawful detainer. Instead, it attacks claims for breaches of contract and common counts for open book account, which have not been raised in this Complaint. Thus, the demurrer truly has no basis because it is not directed at the pleading in this case.  (See Code Civ. Proc § 430.10; Cal. Rules of Court, Rule 3.1320.) It is presumed that Defendant Montoya acknowledged this error, and this is why she subsequently filed her answer to the Complaint on April 12, 2023 after the Court advanced the original hearing date for her demurrer from June 15, 2023 to April 27, 2023.  

Accordingly, the demurrer is OVERRULED in its entirety.