19-UDL-00300 HERITAGE REALTY PROPERTY MANAGEMENT VS. GARY STEGER, ET AL.

HERITAGE REALTY PROPERTY MANAGEMENT GARY STEGER
MARK RUIZ PRO/PER

DEMURRER TO COMPLAINT BY GARY STEGER TENTATIVE RULING:

Defendant’s demurrer to Plaintiff’s complaint is OVERRULED. Defendant shall file an answer within five days of service of notice of this ruling.

Defendant contends Plaintiff’s complaint is defective because the 3-day notice alleged in the complaint “fails to describe with specificity the particular conditions or covenants alleged to have been violated.” The court disagrees. The 3-day notice, which is attached to the complaint as “Exhibit 3,” clearly advised Defendant that he was in violation of Section 19A of the parties’ lease agreement, and the notice quotes that lease provision in full.

Defendant further contends that “the complaint fails to state a cause of action for unlawful detainer in that the complaint fails to allege that the purported 30/60 day notice was served in accordance with the provisions of Civil Code §§ 1946, 1946.1.” Defendant’s argument is inapplicable to the facts of this case. Plaintiff does not seek to evict Plaintiff on the basis of a 30- or 60-day notice of termination. Rather, Plaintiff’s unlawful detainer action is based on Defendant’s failure to comply with a 3-day notice to quit.

If the tentative ruling is uncontested, it shall become the order of the Court. Thereafter, Plaintiff shall prepare a written order consistent with the Court’s ruling for the Court’s signature, pursuant to California Rules of Court, Rule 3.1312, and provide written notice of the ruling to all parties who have appeared in the action, as required by law and the California Rules of Court.