Judge: Lee W. Tsao, Case: 24NWCV02329, Date: 2024-11-14 Tentative Ruling

Case Number: 24NWCV02329    Hearing Date: November 14, 2024    Dept: C

PACIFIC FLORENCE, LLC v. SANTOS

CASE NO.: 24NWCV02329

HEARING:  11/14/24

#12

Defendant ABIMAEL COLLADO SANTOS’ Demurrer to Plaintiff’s Complaint is OVERRULED.

Court Clerk to give notice.

This action for unlawful detainer concerning real property located at 7107 Pacific Boulevard, Huntington Park, CA 90255 (“Subject Property”) was filed by Plaintiff PACIFIC FLORENCE, LLC (“Plaintiff”)  against Defendant ABIMAEL COLLADO SANTOS (in pro per) (“Defendant’) on July 19, 2024.

Defendant Gloria Martinez generally demurs to the Complaint on the basis that “plaintiff filed the complaint prematurely as no notice to Terminate tenancy was served on defendant prior to the summons and complaint.” (Notice 2:5-10).

“[T]he basic elements of unlawful detainer for nonpayment of rent contained in CCP §1161(2) are: (1) the tenant is in possession of the premises; (2) that possession is without permission; (3) the tenant is in default for nonpayment of rent; (4) the tenant has been properly served with a written three-day notice; and (5) the default continues after the three-day notice period has elapsed.”  (Kruger v. Reyes (2014) 232 Cal.App.4th Supp. 10, 16.)

The Declarations of Service of Notice to Tenant attached to Plaintiff’s Complaint reflect that the 3 Day Notice to Pay Rent or Quit was served by substitute service on June 14, 2024, and then again by mail on June 17, 2024.

The demurrer is OVERRULED.