Judge: Lee W. Tsao, Case: 23NWCV03597, Date: 2024-03-06 Tentative Ruling

Case Number: 23NWCV03597    Hearing Date: March 21, 2024    Dept: C

BILEMJIAN v. SANCHEZ

CASE NO.:  23NWCV03597

HEARING:  03/21/24

#6

Defendant MELISSA GAMEZ’s Demurrer to Plaintiff’s Complaint is OVERRULED. Defendant Gamez is to Answer in 5 court days.

Opposing Party to give Notice.

This unlawful detainer action was filed by Plaintiff HAGOP BILEMJIAN, Trustee of the Bilemjian Family Revocable Living Trust (“Plaintiff”) on November 7, 2023.

Defendant MELISSA GAMEZ (“Defendant”) (in pro per) generally demurs to the entire Complaint.

The demurrer is procedurally defective. A demurrer must distinctly specify the grounds upon which any of the objections to the complaint are taken. If it fails to do so, it may be disregarded. (CCP §430.60.) Moreover, each ground in a demurrer must be in a separate paragraph and must state whether it applies to the entire complaint or to a specified cause of action. (CRC Rule 3.120(a).)

Here, Defendant filed a Memorandum of Points and Authorities which states: “THE PARTY AGAINST WHOM A COMPLAINT HAS BEEN FILED MAY OBJECT ON THE GROUND THA THE COURT LACKS JURISDICTION OVER THE SUBJECT MATTER OF THE CAUSE OF ACTION CODE OF CIVIL PROCEDURE SECTION 430.10(e).” (Dem. 2:1-6.) Defendant states that she and her family are experiencing financial hardship, but she makes no legal arguments.  Therefore, there is no legal basis to sustain the demurrer. 

The Demurrer is OVERRULED.