Judge: Maurice A. Leiter, Case: 22STCV20409, Date: 2022-10-18 Tentative Ruling

Case Number: 22STCV20409    Hearing Date: October 18, 2022    Dept: 54

Hearing Date: October 18, 2022

Department 54, Judge Maurice A. Leiter

Demurrer to Complaint

Moving Party: Defendant Ahdom Sayre

Responding Party: Plaintiff Mutual Investments LLC

T/R:    DEFENDANT’S DEMURRER IS OVERRULED.

DEFENDANT TO FILE AND SERVE AN ANSWER TO THE COMPLAINT WITHIN 15 DAYS OF NOTICE OF RULING.

            DEFENDANT TO NOTICE.

If the parties wish to submit on the tentative, please email the courtroom at¿SMCdept54@lacourt.org¿with notice to opposing counsel (or self-represented party) before 8:00 am on the day of the hearing.

            The Court considers the moving papers and opposition.

BACKGROUND

On June 21, 2022, Plaintiff Mutual Investments, LLC filed a complaint for unlawful detainer against Defendant Ahdom Sayre.

ANALYSIS

A demurrer to a complaint may be taken to the whole complaint or to any of the causes of action in it.  (CCP § 430.50(a).)  A demurrer challenges only the legal sufficiency of the complaint, not the truth of its factual allegations or the plaintiff's ability to prove those allegations.  (Picton v. Anderson Union High Sch. Dist. (1996) 50 Cal. App. 4th 726, 732.)  The court must treat as true the complaint's material factual allegations, but not contentions, deductions or conclusions of fact or law.  (Id. at 732-33.)  The complaint is to be construed liberally to determine whether a cause of action has been stated.  (Id. at 733.)

            Defendant demurs to the complaint on the ground that the three-day notice to quit failed to comply with Civ. Code § 1946.2. Civ. Code § 1946.2 applies to residential leases. Plaintiff alleges the lease is a commercial lease. The demurrer cannot be sustained on this basis.

            Defendant’s demurrer is OVERRULED.