TENTATIVE RULING (19SMCV01812)
Defendant Angel Zapata’s Demurrer to Plaintiff Aimco Venezia LLC’s Complaint is OVERRULED, as to the first cause of action, and SUSTAINED, without leave to amend, as to the second, third and fourth causes of action.
On the Court’s own motion, the Court GRANTS a motion to strike the year “2016” alleged in paragraph 18; Plaintiff is granted leave to amend the date to within the lease period or the date shall be omitted. Plaintiff shall then file a First Amended Complaint within ten (10) days that omits the second, third and fourth causes of action, and corrects the date as alleged in paragraph 18. Plaintiff may not amend the complaint in any other manner, unless Plaintiff first obtains leave of the Court.
Defendant Angel Zapata shall file his answer to the First Amended Complaint within thirty (30) days of service thereof. (Code Civ. Proc., § 471.5, subd. (a).)
Defendant Angel Zapata to give notice.
REASONING
“[A] demurrer tests the legal sufficiency
Hearing Date
June 30, 2020
Type
Breach of Rental/Lease Contract (not unlawful detainer or wrongful eviction) (General Jurisdiction)
For full print and download access, please subscribe at https://www.trellis.law/.
TENTATIVE RULING (19SMCV01812)
Defendant Angel Zapata’s Demurrer to Plaintiff Aimco Venezia LLC’s Complaint is OVERRULED, as to the first cause of action, and SUSTAINED, without leave to amend, as to the second, third and fourth causes of action.
On the Court’s own motion, the Court GRANTS a motion to strike the year “2016” alleged in paragraph 18; Plaintiff is granted leave to amend the date to within the lease period or the date shall be omitted. Plaintiff shall then file a First Amended Complaint within ten (10) days that omits the second, third and fourth causes of action, and corrects the date as alleged in paragraph 18. Plaintiff may not amend the complaint in any other manner, unless Plaintiff first obtains leave of the Court.
Defendant Angel Zapata shall file his answer to the First Amended Complaint within thirty (30) days of service thereof. (Code Civ. Proc., § 471.5, subd. (a).)
Defendant Angel Zapata to give notice.
REASONING
“[A] demurrer tests the legal sufficiency