Judge: Virginia Keeny, Case: 22VECV02038, Date: 2023-01-13 Tentative Ruling

Case Number: 22VECV02038    Hearing Date: January 13, 2023    Dept: W

JERRY FAN, TRUSTEE OF THE JERRY FAN AND LEI BAO LIVING TRUST v. QUINCY DWAYNE BOYD

demurrer to the complaint

Date of Hearing:        January 13, 2023                               Trial Date:       None set.

Department:              W                                                        Case No.:        22VECV02038

Moving Party:            Defendant Quincy Dwayne Boyd

Responding Party:     Plaintiff Jeffrey Fan, Trustee of the Jerry Fan and Lei Bao Living Trust

BACKGROUND

This is an unlawful detainer action. Plaintiff alleges they served a valid and enforceable 3-day notice quit on Defendant.

[Tentative] Ruling

Defendant Quincy Dwayne Boyd’s Demurrer is OVERRULED.

DISCUSSION

Defendant Quincy Dwayne Boyd demurs to the unlawful detainer action the grounds the complaint is insufficient. Defendant contends the complaint fails to allege whether there is a written lease and there are no allegations that Jeffrey Fan, Trustee of the Jerry Fan and Lei Bao Living Trust is the landlord.

Upon review of the complaint, the court finds the complaint alleges facts sufficient to support an unlawful detainer action against Defendant. Paragraph 6b alleges the lease agreement was written and Paragraph 4 alleges Plaintiff is the owner of the premises.

Accordingly, Defendant’s demurrer is overruled.