Judge: Michael C. Kelley, Case: 22AVUD00259, Date: 2022-09-08 Tentative Ruling

Case Number: 22AVUD00259    Hearing Date: September 8, 2022    Dept: A15

This unlawful detainer action was filed by Plaintiff Dansen Lee against Defendants De Ann Johnson and Christa Hicks regarding the residential property located at 38424 Wakefield Place, Palmdale, CA 93551. According to Plaintiff’s Complaint, Plaintiff and Defendants entered into a 1-year rental agreement that began on July 15, 2018. (Compl. ¶ 6.) A monthly rent of $2,550.00 was due on the first day of each month of the rental term. (Ibid.) According to Plaintiff’s Complaint, Defendants owe unpaid rent in the amount of $2,550.00 for the month of April 2022, as well as the monthly rent thereafter.

Plaintiff served a 3-day notice to pay rent or quit on April 16, 2022, but Defendants did not comply. Plaintiff therefore filed the operative Complaint on April 22, 2022.

Defendants filed a Notice of Removal to Federal Court on June 7, 2022, but the case was remanded back to this Court. The Court then denied Defendants’ Motion to Quash Service of Summons. (Min. Ord., dated Jul. 13, 2022.)

Defendants filed the instant Demurrer on July 22, 2022. Plaintiff has not filed an opposition. However, there is no evidence that Defendants ever served Plaintiff with the Demurrer. Defendants lodged two proofs of service with their Demurrer, but these proofs of service pertain to an unrelated case.

Code of Civil Procedure section 1005 requires all moving and supporting papers to be served and filed at least 16 court days before the hearing. As Defendants do not appear to have served Plaintiff, the Court cannot rule on their Demurrer.

The Court therefore CONTINUES the hearing on the Demurrer and directs Defendants to properly serve Plaintiff.