Judge: Melvin D. Sandvig, Case: 24CHCV00404, Date: 2024-03-26 Tentative Ruling

Case Number: 24CHCV00404    Hearing Date: March 26, 2024    Dept: F47

Dept. F47

Date: 3/26/24

Case #24CHCV00404

DEMURRER TO THE ORIGINAL COMPLAINT

Demurrer filed on 2/14/24.

MOVING PARTY: Defendants Tremendo, LLC; Takela Corbitt, Marlo Richardson, Greenwood & Company Management and Greenhouse Trees

RESPONDING PARTY: Plaintiff Minaskanian Properties, LLC

NOTICE: ok

Demurrer is to the entire complaint:

            1.  Unlawful Detainer

RULING: The demurrer is placed off calendar as moot as to Defendants Tremendo, LLC; Takela Corbitt, Greenwood & Company Management and Greenhouse Trees and overruled as to Marlo Richardson.

SUMMARY OF FACTS & PROCEDURAL HISTORY

On 2/8/24, Plaintiff Minaskanian Properties, LLC (Plaintiff) filed this unlawful detainer action against Defendants Tremendo, LLC; Takela Corbitt, Marlo Richardson, Greenwood & Company Management and Greenhouse Trees (collectively, Defendants) and others (Edward Long and Brandon Watson who are in default) regarding property located at 9449 Irondale Avenue, Chatsworth, California.

On 2/14/24, Defendants filed and served the instant demurrer to the complaint.  On that same day, the Requests to Waive Court fees by all of the Defendants, except Marlo Richardson, were denied.  On 3/8/24, default was entered against Tremendo, LLC and Greenhouse Trees.  On 3/12/24, Plaintiff filed an opposition to the demurrer.  On 3/14/24, default was entered against Takela Corbitt and Greenwood & Company Management, LLC. 

Based on the foregoing, the demurrer will proceed only as to Marlo Richardson. 

ANALYSIS

Contrary to the assertions in the demurrer, the complaint alleges sufficient facts to state a claim for unlawful detainer and is not so uncertain that Marlo Richardson cannot respond.  Additionally, since the property at issue does not appear to be residential, attaching a copy of the alleged written agreement is not required.  (See Complaint, p.2, No.6.e.).

The argument regarding the complaint naming defendants who are not lessors appears to be directed at defendants (Corbitt and Tremendo, LLC) who are in default.  (See Demurrer, p.621-22).  Even if these defendants were not in default, the argument improperly goes beyond the pleading.

CONCLUSION

The demurrer is placed off calendar as moot as to Defendants Tremendo, LLC; Takela Corbitt,  Greenwood & Company Management and Greenhouse Trees due to the entry of default against these defendants.

The demurrer is overruled as to Defendant Marlo Richardson.  Answer is due within 5 days.