Judge: Stephen P. Pfahler, Case: 23CHCV01128, Date: 2023-08-24 Tentative Ruling

Case Number: 23CHCV01128    Hearing Date: August 24, 2023    Dept: F49

Dept. F-49

Date: 8-24-23

Case # 23CHCV01128

Trial Date: Not Set

DEMURRER TO THE COMPLAINT

MOVING PARTY: Defendants, Elvira Alvarez, pro per, et al.

RESPONDING PARTY: Plaintiff, Citronia Luxe Towers, LP

RELIEF REQUESTED

Demurrer to the Complaint for Unlawful Detainer

SUMMARY OF ACTION

On April 19, 2023, plaintiff Citronia Luxe Towers, LP filed a complaint for unlawful detainer. On July 14, 2023, defendants, in pro per, answere the complaint.

RULING : Moot/Off-Calendar.

Defendants  Elvira Alvarez, in pro per, and Ivan Gonzalez, in pro per, challenges complaint on grounds of denial of any notice of service of the three day notice to pay rent or quit, and certain affirmative defenses regarding habitability. Plaintiff Citronia Luxe Towers, LP, in opposition contends the demurrer lacks any valid argument and only constitutes a means of delaying the eviction.

The demurrer precedes the filing of the answer to the operative complaint on July 14, 2023. The court therefore takes the demurrer off-calendar in that Defendants apparently accept the complaint and now seek to challenge the unlawful detainer on affirmative defenses listed. (See Code Civ. Proc., § 1170.)

The demurrer is therefore moot and taken off-calendar. The court will set a trial date at the concurrent Case Management Conference.

Defendants to give notice.