Judge: Mark H. Epstein, Case: 24SMCV03238, Date: 2024-07-29 Tentative Ruling

Case Number: 24SMCV03238    Hearing Date: July 29, 2024    Dept: I

The ex parte is GRANTED.  The matter will be heard today.  The demurrer is SUSTAINED WITH LEAVE TO AMEND.  The court believes that the plaintiff is proper—it is a person alleged to be the trustee of the trust.  The fact that the middle initial is different is not a substantive problem.  But the tenant is wrong.  The tenant is also a trust—B.A.D. Trust—and the trustee’s name is apparently Andreana Bosilcic, or at least she signed the lease on the trust’s behalf.  Guez did not sign it anywhere.  The complaint says that Guez signed the lease, but he did not.  The opposition addresses none of these points, having coming instead from the form file.

Having elected to take the opposition from a form book rather than addressing the issues in the demurrer, the court must take things at face value.  Because the lessee/tenant was not sued, the complaint is not valid.  The demurrer is SUSTAINED with 5 court days leave to amend.