18-UDL-00237 JEFF GLOWINIAK, et al. vs. NADER RAEISSI

NADER RAEISSI Francois X. Sorba

JEFF GLOWINIAK STEPHEN R. PAPPAS

12. DEMURRERS BY NADER RAEISSI DBA BELMOUNT AUTO REPAIR TO

COMPLAINT

TENTATIVE RULING:

Defendant NADER RAEISSI dba BELMOUNT AUTO REPAIR’s Demurrer to Unlawful Detainer Complaint is SUSTAINED WITHOUT LEAVE TO AMEND, in its entirety.

The statutes that provide for the summary remedy of unlawful detainer must be strictly construed. Briggs v. Electronic Memories & Magnetics Corp. (1975) 53 Cal.App.3d 900, 905. A cause of action for unlawful detainer does not arise until after a proper notice to vacate has been served and the notice period has expired without he occupant having surrendered possession. Lamey v. Masciotra (1969) 273 Cal.App.2d 709, 713. Only after the expiration of the notice period is the occupant’s right to possession terminated, such that he or she is guilty of unlawful detainer. Highland Plastics, Inc. v. Enders (1980) 109 Cal.App.3d Supp. 1, 7. An invalid notice will not support a later judgment. Werner v. Sargeant (1953) 121 Cal.App.2d 833, 837. The plaintiff bears the burden of proving the existence of these jurisdictional facts, namely service of a valid notice of termination of tenancy. Id. An unlawful detainer complaint that neglects to allege facts sufficient to show that the occupant’s right to possession properly was terminated before filing the complaint is subject to challenge by demurrer for failure to state a cause of action. Code Civ. Proc. § 430.10(e). Here, the Complaint is based on a defective 30-day Notice to Vacate, in that it fails to include the mandatory language regarding abandoned property set forth in Civil Code § 1946.

Moreover, the Complaint alleges that Plaintiffs AVEGGIO and GLOWNIAK are both “owner, tenant and sublandlord over defendant.” (Complaint ¶ 4.) The Complaint further fails to state how many pages were included in the attachments. (Complaint ¶ 18.) These defects render the Complaint uncertain. Code Civ. Proc. § 430.10(f). Accordingly, Defendant’s demurrer is sustained without leave to amend, in its entirety.

If the tentative ruling is uncontested, it shall become the order of the Court, pursuant to CRC Rule 3.1308(a)(1), adopted by Local Rule 3.10. If the tentative ruling is uncontested, DEMURRING PARTY is directed to prepare, circulate, and submit a written order reflecting this Court’s ruling verbatim for the Court’s signature, consistent with the requirements of CRC Rule 3.1312. The proposed order is to be submitted directly to Judge Susan L. Greenberg, Department 3.

13. MOTION TO CONSOLIDATE ACTIONS BY NADER RAEISSI DBA

BELMOUNT AUTO REPAIR

TENTATIVE RULING:

Plaintiff / Defendant NADER RAEISSI dba BELMOUNT AUTO REPAIR’s Motion to Consolidate Case Nos. 18-CIV-00897 and 18-UDL-00237 is MOOT in light of the ruling in line 12 above.