Judge: Richard S. Whitney, Case: 37-2023-00033755-CU-UD-CTL, Date: 2023-11-17 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - November 15, 2023

11/17/2023  10:30:00 AM  C-68 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Richard S. Whitney

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Civil - Unlimited  Unlawful Detainer - Residential Demurrer / Motion to Strike 37-2023-00033755-CU-UD-CTL RHO VS LEAVITT [IMAGED] CAUSAL DOCUMENT/DATE FILED:

TENTATIVE RULING: DEFENDANT ADAIN LEAVITT'S DEMURRER is OVERRULED.

Defendant AIDAN LEAVITT ('Defendant') demurs to Plaintiffs LALITA RHO and CHUNGIL RHO's ('Plaintiffs') unlawful detainer complaint. Defendant's notice of demurrer states two grounds for the demurrer: (1) the complaint fails 'to state proper notices' and (2) 'the lack of a proper 3-day notice to quit served on defendant is fatally defective as it does not provide the basic element of an unlawful detainer to contain the information required by California Code of Civil Procedures 1161(2) to known defendants.' 'We treat the demurrer as admitting all material facts properly pleaded, but not contentions, deductions or conclusions of fact or law. [Citation.] We also consider matters which may be judicially noticed.' (Blank v. Kirwan (1985) 39 Cal.3d 311, 318 [Citation omitted].) Plaintiffs allege this action is for the failure to pay rent under CCP section 1161(2). CCP section 1161(2) provides, in relevant part: When the tenant continues in possession, in person or by subtenant, 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 that is due, the name, telephone number, and address of the person to whom the rent payment shall be made, and, if payment may be made personally, the usual days and hours that person will be available to receive the payment ..., or possession of the property, shall have been served upon the tenant and if there is a subtenant in actual occupation of the premises, also upon the subtenant.

(Code Civ. Proc., § 1161(2).) Plaintiffs, using a judicially approved form for unlawful detainer actions, allege: the failure to timely pay rent in the amount of $9,800, as agreed; that Defendant stayed in possession without permission; that Plaintiffs served a 3-day notice to pay rent or quit in the proper manner; and that Defendant failed to vacate or pay rent as provided for in the 3-day notice. Accepting these allegations as true, Plaintiffs have properly alleged a cause of action for unlawful detainer.

Defendant's argument as to the attached 3-day notice is limited to asserting '[t]he notice [sic] quit attached to the Complaint simply ordered me to vacate, without giving me alternative of stopping any legal matters pertaining to my case.' After reviewing the attached 3-day notice, the Court fails to see a Calendar No.: Event ID:  TENTATIVE RULINGS

3010075 CASE NUMBER: CASE TITLE:  RHO VS LEAVITT [IMAGED]  37-2023-00033755-CU-UD-CTL defect warranting the sustaining of this demurrer. Further, Defendant's argument appears to be inapplicable as Defendant's alternative to vacating was paying the amount due, which is stated in the 3-day notice attached to the complaint.

The demurrer is overruled.

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3010075