Case Number: TC029040 Hearing Date: March 20, 2018 Dept: A

# 13. Detrop Properties, LLC v. Ruben Khrayan d/b/a Suns Market Gas & Diesel

Case No.: TC029040

Matter on calendar for: Hearing on demurrer

Tentative ruling:

Defendant Ruben Khrayan d/b/a Suns Market Gas & Diesel demurs to Plaintiff Detrop Properties’ (commercial) Unlawful Detainer Complaint. Defendant argues (1) the Complaint contains no allegations which would support the basis for an Unlawful Detainer Complaint; in fact, Defendant has not defaulted on its rent payment obligations; and (2) the Complaint is uncertain.

Defendant’s arguments are unavailing because:

· Defendant fails to explain how the Complaint is factually deficient.

· Defendant fails to cite to any authorities for his proposition (based on extrinsic evidence) that an Unlawful Detainer Complaint based on a month-to-month tenancy must allege default or some wrongdoing by the defendant. (Compare CCP §§ 1164, 1162(2).)

· Defendant fails to explain how the Complaint is uncertain. The Complaint identifies the parties, the property, Plaintiff’s ownership of the property, Defendant’s tenancy, the parties’ oral agreement regarding a month-to-month tenancy, service of the 30-day notice, Defendant’s continued possession, and daily damages of $200 per day (based on a $6,000 monthly rate). These alleged facts are sufficient to withstand demurrer. Unlawful Detainer actions are summary proceedings trying only the right to possession and incidental damages resulting from unlawful detention. (Vasey v. California Dance Co., Inc. (1977) 70 Cal.App.3d 742, 746-747.)

The Court overrules the demurrer. Defendant must answer the Complaint within 5 days.