Judge: Marcella O. Mclaughlin, Case: 37-2023-00044518-CU-UD-CTL, Date: 2023-11-17 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - November 16, 2023

11/17/2023  01:30:00 PM  C-72 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Marcella O McLaughlin

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Civil - Unlimited  Unlawful Detainer - Residential Demurrer/Motion to Strike (UD) 37-2023-00044518-CU-UD-CTL 5550 BALBOA ARMS LLC VS UMENO [IMAGED] CAUSAL DOCUMENT/DATE FILED: Demurrer, 10/26/2023

The unopposed demurrer to the complaint is OVERRULED.

The demurrer is overruled as untimely. Moving papers must be served at least 16 court days before the hearing date. Code Civ. Proc. § 1005(b). The notice deadline is extended by five calendar days if service is by mail. Id. In this case, the demurrer was served by mail on October 23. This is less than 16 court days plus 5 additional calendar days before the scheduled hearing date.

The demurrer is also overruled on the merits. A complaint for unlawful detainer must be verified. Code Civ. Proc. § 1166(a)(1). Here, the complaint is verified.

Defendants must file and serve an answer to the complaint by November 22, 2023. CRC 3.1320(g).

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