Judge: Olivia Rosales, Case: 22NWCV00541, Date: 2022-09-01 Tentative Ruling

Case Number: 22NWCV00541    Hearing Date: September 1, 2022    Dept: SEC

NORWALK INDUSTRIAL SUB, LLC v. WEST CENTRAL PRODUCE, INC.

CASE NO.:  22NWCV00541

HEARING:  09/01/22

JUDGE:  OLIVIA ROSALES

#7

TENTATIVE ORDER

Defendant WEST CENTRAL PRODUCE, INC.’s Demurrer to Plaintiff’s Complaint is OVERRULED.

Opposing Party to give Notice

This action for unlawful detainer was filed by Plaintiff NORWALK INDUSTRIAL SUB, LLC on June 30, 2022.

Defendant WEST CENTRAL PRODUCE, Inc. demurs to the entire Complaint on the basis that “Plaintiff’s notice fails to expressly mandate that the notice period excludes weekends and judicial holidays.” (Notice 2: ¶1.)

Plaintiff’s Complaint alleges, in pertinent part: “On June 14, 2022, Landlord caused to be duly and lawfully served on defendants… a written Three-Day Notice of Rent Delinquency (‘Delinquency Notice’) stating the estimated amount of the delinquent rent then due and owing under the Lease, and informing Tenant that if it failed to pay the entire estimated sum within three (3) days after service… then Tenant would be in default under the Lease.” (Complaint ¶9.)

CCP §1161(2) states: “When the tenant continues in possession… without the permission of the landlord… after default in the payment of rent, pursuant to the lease or agreement under which the property is held, and three days’ notice, excluding Saturdays and Sundays and other judicial holidays, in writing, requiring its payment, stating the amount due…” (Id.)

While CCP §1161(2) was amended in 2018 “to clarify that the notice period excludes weekends and judicial holidays,” the amended statute does not require that the Notice expressly include those terms. (See Lee v. Kotlyuk (2021) 59 Cal.App.5th 719, 729, fn. 5.)

The Demurrer is OVERRULED. Defendant is ORDERED to Answer within 5 days of the Court’s issuance of this Order.