On October 27, 2020 a
Motion,Ex Parte
was filed
involving a dispute between
John H Lee,
Lee, John H,
and
Barbier, Janelle,
Janelle Barbier,
for Unlimited Civil
in the District Court of Alameda County.
Preview
A
Janelle Barbi } a Ki
1204 66" Street | i Of ess to
Emeril x“ 94608 ALAMEN&® CAHATS
janellebarbier@gmail.com DEC 2 3 2020
Defendant in Pro Per
CLE’ 0 a
is a ee
SUPERIOR COURT OF CALIFORNIA, count¥-6) ACAMEDA
cn, Veputy
UNLIMITED JURISDICTION
Case No.: RG20079393
et!
JOHN H. LEE,
eet!
get ASSIGNED FOR ALL PURPOSES TO
Plaintiff, JUDGE Stephen Kaus
eget! age! Niet Nate
DEPARTMENT 19
e
v.
3, RECT.
JANELLE BARBIER, DEFENDANT’S NOTICE OF DEMURRER
ene! Saag
AND DEMURRER TO PLAINTIFF’S
Defendant COMPLAINT; MEMORANDUM OF POINTS
tage
DEC_2.
AND AUTHORITIES IN SUPPORT
THEREOF
eget Sat
ray
Hearing Date: February 22, 2021
ange!
Time: 3:00 p.m.
Nee” See “eee” Sean! ean
Reservation Number: R-2228852
Date Action Filed: October 27, 2020
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Trial Date: Not Set
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19 NOTICE OF DEMURRER AND DEMURRER TO COMPLAINT BY DEFENDANT
20 TO: ALL PLAINTIFFS AND THEIR ATTORNEYS OF RECORD:
21 NOTICE IS HEREBY GIVEN that Defendant, Janelle Barbier, will move for an Order
22 sustaining a general Demurrer to the Complaint for Damages filed by Plaintiff without leave to amend.
23 A hearing will take place on February 22, 2021 at 3:00 p.m., or as soon thereafter as the matter may be
24 heard, in Department 19 of this Court, located at Administration Building, Third Floor, 1221 Oak Street.
25 Oakland, California.
26 This Demurrer is made pursuant to Code of Civil Procedure § 430.10(e) on the ground that the
27 complaint does not state facts sufficient to constitute a cause of action.
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NOTICE OF DEMURRER AND DEMURRER TO COMPLAINT; MEMO IN SUPPORT THEREOF 1
This Demurrer is based upon this notice of Demurrer and Demurrer, the attached Memorandum
of Points and Authorities, and upon such oral and/or documentary evidence as may be presented at the
hearing on the Motion.
Defendant hereby demurs to Plaintiff's Complaint on the following grounds:
1. The First and Second Causes of Action fail to allege facts sufficient to constitute a cause of
action in that the claims are not grounded in statute.
Dated: December 22, 2020
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11 Janelle Barbier, Defendant
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NOTICE OF DEMURRER AND DEMURRER TO COMPLAINT; MEMO IN SUPPORT THEREOF
MEMORANDUM OF POINTS AND AUTHORITIES
IN SUPPORT OF DEMURRER TO PLAINTIFF’S COMPLAINT
I. INTRODUCTION
California Legislature enacted the Tenant, Homeowner, and Small Landlord Relief and
Stabilization Act of 2020 (“Act”.) The Act governs when claims arising out of nonpayment of residential
rent, related to the COVID-19 pandemic, may be brought.
Here, Plaintiff brings actions against Defendant that are barred by the Act. Plaintiff filed an
action on October 27, 2020 to recover COVID-19 rental debt. |
Accordingly, Defendant respectfully requests this Court dismiss Plaintiffs Complaint.
10 fl. ARGUMENT
11 a. Standard for Demurrer
12 Objection to a complaint via demurrer is sustainable if “[t]he pleading does not state facts
13 sufficient to constitute a cause of action.” Code Civ. Proc. § 430.10(e). A demurrer can be made
14 to an entire complaint or individual causes of action therein. Code Civ. Prac. § 430.50 (a). A demurrer
15 should be sustained without leave to amend if the conduct complained of imposes no liability under
16 substantive law. Droz v. Pacific National Insurance Co., 138 Cal.App.3d 181, 187 (1982).
17 b. Plaintiff's First and Second Causes of Action are Not Grounded in Statute
18 “An action to recover COVID-19 rental debt, as defined in Section 1179.02, brought
19 pursuant to this subdivision shall not be commenced before March 1, 2021.” Code Civ. Proc.
20 § 116.223(b)(3). “ ‘COVID-19 rental debt’ means unpaid rent or any other unpaid financial obligation of
21 a tenant under the tenancy that came due during the covered time period.” Code Civ. Proc. § 1179.02(c).
22 “ “Covered time period’ means the time period between March 1, 2020, and January 31, 2021.” Code
23 Civ. Proc. § 1179.02(a).
24 Here, Plaintiff commenced an action to recover COVID-19 rental debt prior to March 1,
25 2021. Plaintiff alleges, “Defendant failed to pay the monthly rent for the Property for the months of
26 April 2020 through October 2020...” Compl. 78. This time period is clearly within the “covered time
27 period” and thus, Plaintiff's action filed on October 27, 2020 is not allowable under the Act.
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NOTICE OF DEMURRER AND DEMURRER TO COMPLAINT; MEMO IN SUPPORT THEREOF 3
I. CONCLUSION
This Demurrer should be sustained as to both of Plaintiff's Causes of Action as they are not
grounded in statute.
Dated: December 22, 2020
Janelle Barbier, Defendant
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NOTICE OF DEMURRER AND DEMURRER TO COMPLAINT; MEMO IN SUPPORT THEREOF
Document Filed Date
December 23, 2020
Case Filing Date
October 27, 2020
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A Janelle Barbi } a Ki 1204 66" Street | i Of ess to Emeril x“ 94608 ALAMEN&® CAHATS janellebarbier@gmail.com DEC 2 3 2020 Defendant in Pro Per CLE’ 0 a is a ee SUPERIOR COURT OF CALIFORNIA, count¥-6) ACAMEDA cn, Veputy UNLIMITED JURISDICTION Case No.: RG20079393 et! JOHN H. LEE, eet! get ASSIGNED FOR ALL PURPOSES TO Plaintiff, JUDGE Stephen Kaus eget! age! Niet Nate DEPARTMENT 19 e v. 3, RECT. JANELLE BARBIER, DEFENDANT’S NOTICE OF DEMURRER ene! Saag AND DEMURRER TO PLAINTIFF’S Defendant COMPLAINT; MEMORANDUM OF POINTS tage DEC_2. AND AUTHORITIES IN SUPPORT THEREOF eget Sat ray Hearing Date: February 22, 2021 ange! Time: 3:00 p.m. Nee” See “eee” Sean! ean Reservation Number: R-2228852 Date Action Filed: October 27, 2020 17 Trial Date: Not Set 18 19 NOTICE OF DEMURRER AND DEMURRER TO COMPLAINT BY DEFENDANT 20 TO: ALL PLAINTIFFS AND THEIR ATTORNEYS OF RECORD: 21 NOTICE IS HEREBY GIVEN that Defendant, Janelle Barbier, will move for an Order 22 sustaining a general Demurrer to the Complaint for Damages filed by Plaintiff without leave to amend. 23 A hearing will take place on February 22, 2021 at 3:00 p.m., or as soon thereafter as the matter may be 24 heard, in Department 19 of this Court, located at Administration Building, Third Floor, 1221 Oak Street. 25 Oakland, California. 26 This Demurrer is made pursuant to Code of Civil Procedure § 430.10(e) on the ground that the 27 complaint does not state facts sufficient to constitute a cause of action. 28 NOTICE OF DEMURRER AND DEMURRER TO COMPLAINT; MEMO IN SUPPORT THEREOF 1 This Demurrer is based upon this notice of Demurrer and Demurrer, the attached Memorandum of Points and Authorities, and upon such oral and/or documentary evidence as may be presented at the hearing on the Motion. Defendant hereby demurs to Plaintiff's Complaint on the following grounds: 1. The First and Second Causes of Action fail to allege facts sufficient to constitute a cause of action in that the claims are not grounded in statute. Dated: December 22, 2020 10 11 Janelle Barbier, Defendant 12 13 14 15 16 17 18 193 20 21 22 23 24 25 26 27 28 NOTICE OF DEMURRER AND DEMURRER TO COMPLAINT; MEMO IN SUPPORT THEREOF MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF DEMURRER TO PLAINTIFF’S COMPLAINT I. INTRODUCTION California Legislature enacted the Tenant, Homeowner, and Small Landlord Relief and Stabilization Act of 2020 (“Act”.) The Act governs when claims arising out of nonpayment of residential rent, related to the COVID-19 pandemic, may be brought. Here, Plaintiff brings actions against Defendant that are barred by the Act. Plaintiff filed an action on October 27, 2020 to recover COVID-19 rental debt. | Accordingly, Defendant respectfully requests this Court dismiss Plaintiffs Complaint. 10 fl. ARGUMENT 11 a. Standard for Demurrer 12 Objection to a complaint via demurrer is sustainable if “[t]he pleading does not state facts 13 sufficient to constitute a cause of action.” Code Civ. Proc. § 430.10(e). A demurrer can be made 14 to an entire complaint or individual causes of action therein. Code Civ. Prac. § 430.50 (a). A demurrer 15 should be sustained without leave to amend if the conduct complained of imposes no liability under 16 substantive law. Droz v. Pacific National Insurance Co., 138 Cal.App.3d 181, 187 (1982). 17 b. Plaintiff's First and Second Causes of Action are Not Grounded in Statute 18 “An action to recover COVID-19 rental debt, as defined in Section 1179.02, brought 19 pursuant to this subdivision shall not be commenced before March 1, 2021.” Code Civ. Proc. 20 § 116.223(b)(3). “ ‘COVID-19 rental debt’ means unpaid rent or any other unpaid financial obligation of 21 a tenant under the tenancy that came due during the covered time period.” Code Civ. Proc. § 1179.02(c). 22 “ “Covered time period’ means the time period between March 1, 2020, and January 31, 2021.” Code 23 Civ. Proc. § 1179.02(a). 24 Here, Plaintiff commenced an action to recover COVID-19 rental debt prior to March 1, 25 2021. Plaintiff alleges, “Defendant failed to pay the monthly rent for the Property for the months of 26 April 2020 through October 2020...” Compl. 78. This time period is clearly within the “covered time 27 period” and thus, Plaintiff's action filed on October 27, 2020 is not allowable under the Act. 28 NOTICE OF DEMURRER AND DEMURRER TO COMPLAINT; MEMO IN SUPPORT THEREOF 3 I. CONCLUSION This Demurrer should be sustained as to both of Plaintiff's Causes of Action as they are not grounded in statute. Dated: December 22, 2020 Janelle Barbier, Defendant 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 NOTICE OF DEMURRER AND DEMURRER TO COMPLAINT; MEMO IN SUPPORT THEREOF