18-UDL-00580 BENITA FERNANDEZ VS. MICAELA ROSAS, ET AL.

BENITA FERNANDEZ MICAELA ROSAS
PRO/PER JONATHAN FRANK

DEFENDANT’S NOTICE OF DEMURRER AND ALTERNATIVE MOTION TO STRIKE PORTION OF AMENDED COMPLAINT; DEMURRER AND ALTERNATIVE MOTION TO STRIICE PORTION OF AMENDED COMPLAINT TENTATIVE RULING:

Defendant MICAELA ROSAS’ Demurrer to First Amended Complaint is OVERRULED. The Court finds that Plaintiff’s cause of action for unlawful detainer is sufficiently stated. Defendant shall file an answer to the complaint on or before August 31, 2018.

However, Defendant’s Motion to Strike, in the alternative, is GRANTED. Paragraph 17c of the First Amended Complaint, which seeks past-due rent of $800.00, is hereby stricken. The Three-Day Notice to Quit upon which the FAC is based fails to state the amount of rent which is due, as required by Code Civ. Proc. § 1161(2).

Defendant’s demurrer argues that the First Amended Complaint and attached Three-Day Notice to Quit do not sufficiently advise her of the conduct leading to the forfeiture of her lease, citing Delta Imports, Inc. v. Municipal Court (1983) 146 Cal.App.3d 1033. The Notice is vague in the type of “harassment” Defendant engaged in, as no specific examples of Defendant’s behavior is cited. However, the Notice specifically states that Defendant broke the security camera on the property, which appears specific enough to warrant forfeiture for cause.

The Notice that was served on Defendant made no mention of any backdue rent, nor was Defendant given an opportunity to pay what was due and owing. Code Civ. Proc. § 1161(2) requires the Notice to state “the amount which is due, the name, telephone number, and address of the person to whom the rent payment shall be made…”, etc. Paragraph 17c is, therefore, stricken.

If the tentative ruling is uncontested, it shall become the order of the Court, pursuant to Rule 3.1308(a)(1), adopted by Local Rule 3.10, effective immediately, and no formal order pursuant to Rule 3.1312 is required as the tentative ruling affords sufficient notice to the parties.