Excerpt: ...d. Code, SS 452, 453; Code Civ. Proc., S 1005, subd. (b).) Defendant James Murray's general and special demurrer is OVERRULED. (Code Civ. Proc„ 430.10, subds. (e), First, based on the complaint and matters judicially noticeable, defendant has failed to show that plaintiff is not the owner of the property. (See Donabedian, supra, 115 Cal.App.4th at p. 994; Complaint, '14.) Second, defendant has not established that the three- day notce to pay re...

Excerpt: ...judgment. (See Hopkins & Carley v. Gens (2011) 200 Cal.App.4th 1401, 1410; Armando Ortega decl., '1 2; Priscilla Ortega decl., '1 2; Payravi decl., pp. 1-2, Exhibits 1-3.) Second, based on the evidence before the Court, the default and default judgment were taken against defendants as the result of their mistake and excusable neglect. (Barat v. Baratti (1952) 109 Cal.App.2d 917, 921; Code Civ. Proc., S 473, subd. (b); see also Lasalle v. Vogel (2...

Excerpt: ...e lessor strictly complies with the specifically described notice conditions. (Kwok v. Bergren (1982) 130 Cal.App.3d 596, 600.) Where insufficient notice has been served upon a tenant, an unlawful detainer complaint fails to state a cause of action. (See Baugh v. Consumers Associates, Limited (1966) 241 Cal.App.2d 672, 675.) Strict compliance with statutory notice requirements is a prerequisite to filing an unlawful detainer action. (DHI Cherry G...

Excerpt: ...us, a demurrer will be sustained only where the pleading is defective on its face. (Ibid.) We treat the demurrer as admitting all material facts properly pleaded but not contentions, deductions or conclusions of fact or law. (Ibid.) We accept the factual allegations of the complaint as true and also consider matters which may be judicially noticed. (Ibid.) Plaintiff's officer's verification substantially conforms with statutory requirements. (See...

Excerpt: ...ble only if the lessor strictly complies with the specifically described notice conditions. (Kwok v. Bergren (1982) 130 Cal.App.3d 596, 600.) Where insufficient notice has been served upon a tenant, an unlawful detainer complaint fails to state a cause of action. (See Baugh v. Consumers Associates, Limited (1966) 241 Cal.App.2d 672, 675.) Strict compliance with statutory notice requirements is a prerequisite to filing an unlawful detainer action....

Excerpt: ...here is another action pending between the same parties on the same cause of action. (Code Civ. Proc., § 430.10.) A demurrer tests the pleading alone, and not the evidence or the facts alleged. (Mitchell v. State Dept. of Public Health (2016) 1 Cal.App.5th 1000, 1007, as modified on denial of reh'g (Aug. 22, 2016).) Thus, a demurrer will be sustained only where the pleading is defective on its face. (Ibid.) We treat the demurrer as admitting all...

Excerpt: ...y Ins. Co. (2004) 116 Cal.App.4th 968, 994, as modified on denial of reh'g (Mar. 30, 2004).) In ruling on a demurrer, a court cannot consider the substance of declarations, matter not subject to judicial notice, or documents judicially noticed but not accepted for the truth of their contents. (Ibid.) Defendant asserts that the complaint is defective because it fails to define the property adequately and no drawing or map is attached to the compla...

Excerpt: ...ent or quit which overstates the rent due is ineffective and will not support an action for unlawful detainer. (Ernst Enterprises, Inc. v. Sun Valley Gasoline, Inc. (1983) 139 Cal.App.3d 355, 358.) Where, as here, forfeiture of the tenant's lease for non‐payment of rent is one of the objectives of the action, the exact amount of rent claimed to be due must be stated in the notice to pay rent or quit. (Baugh v. Consumers Associates, Limited (196...

Excerpt: ...t) or quit which may be enforced by summary legal proceedings, but this notice is valid and enforceable only if the lessor strictly complies with the specifically described notice conditions. (Kwok v. Bergren (1982) 130 Cal.App.3d 596, 600.) In the context of unlawful 2 of 4 detainers, courts have held that because of an insufficiency of the notice served upon a tenant, the complaint failed to state a cause of action and that the judgment entered...

Excerpt: ...r, and address of the person to whom the rent payment shall be made, and if payment may be made personally, the usual days and hours that person will be available to receive the payment. (Code Civ. Proc., § 1161(2).) Moving defendants have not shown that the Court lacks subject matter jurisdiction or that the complaint is fatally uncertain merely because the 3‐day notice to pay rent or quit provided optional in‐person payment terms and also ...

Excerpt: ...30.10, subd. (f).) As a prerequisite to filing an unlawful detainer action, a tenant must be served with either three, 30, or 90 days' notice, depending on the individual's status as a tenant. (Code Civ. Proc., §§ 1161, 1161a, 1161b; The Bank of New York Mellon v. Preciado (2013) 224 Cal.App.4th Supp. 1, 6.) The notice served upon defendants is not fatally uncertain as it provides sufficient 3‐day notice based upon defendants' legal status as...

Excerpt: ...e specifically described notice conditions. (Kwok v. Bergren (1982) 130 Cal.App.3d 596, 600.) Title 24 Code of Federal Regulations part 5.2005 requires a covered housing provider to provide to each of its tenants the notice of occupancy rights under the Violence Against Women Act (“VAWA”) and certification form with any notification of eviction. (24 C.F.R. § 5.2005(a)(2)(iii).) A notice to pay rent or quit served by a covered housing provide...

Excerpt: ...ribed notice conditions. (Kwok v. Bergren (1982) 130 Cal.App.3d 596, 600.) Where forfeiture of the tenant's lease for non‐ payment of rent is one of the objectives of the action, the exact amount of rent claimed to be due must be stated in the notice to pay rent or quit. (Baugh v. Consumers Associates, Limited (1966) 241 Cal.App.2d 672, 674.) Where notice is insufficient, a complaint fails to state a cause of action. (See Baugh v. Consumers Ass...