Nature of Proceedings: Demurrer and Motion to Quash
Tentative Ruling: The court grants defendant Robert Allen Ramirez’s motion to quash service of the five-day summons and sustains defendant’s demurrer to plaintiff Rancho Las Cruces, LLC’s first amended complaint for forcible entry, without leave to amend. This action is without prejudice to commencing a new action with a 30-day summons.
Background: On December 20, 2017, plaintiff Rancho Las Cruces, LLC, filed a complaint in unlawful detainer. Defendant Robert Allen Ramirez filed a demurrer and motion to quash service of summons. The court sustained the demurrer with leave to amend.
On April 2, 2018, plaintiff filed its Verified First Amended Complaint for Forcible Entry (“FAC”) alleging: On April 20, 2017, plaintiff was entitled to possession of real property described as APN 081-080-021 at Gaviota in Santa Barbara County (“the real property”). [FAC ¶1] On April 20, 2017, defendant entered and took possession of the real property;
Hearing Date
May 25, 2018
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Nature of Proceedings: Demurrer and Motion to Quash
Tentative Ruling: The court grants defendant Robert Allen Ramirez’s motion to quash service of the five-day summons and sustains defendant’s demurrer to plaintiff Rancho Las Cruces, LLC’s first amended complaint for forcible entry, without leave to amend. This action is without prejudice to commencing a new action with a 30-day summons.
Background: On December 20, 2017, plaintiff Rancho Las Cruces, LLC, filed a complaint in unlawful detainer. Defendant Robert Allen Ramirez filed a demurrer and motion to quash service of summons. The court sustained the demurrer with leave to amend.
On April 2, 2018, plaintiff filed its Verified First Amended Complaint for Forcible Entry (“FAC”) alleging: On April 20, 2017, plaintiff was entitled to possession of real property described as APN 081-080-021 at Gaviota in Santa Barbara County (“the real property”). [FAC ¶1] On April 20, 2017, defendant entered and took possession of the real property;