Nature of Proceedings: Demurrer Tentative Ruling: The court sustains defendant Lynda Gemberling’s demurrer to plaintiff Marguerite Gamo’s complaint with leave to amend the complaint and/or the UD-101 cover sheet. Background: On November 9, 2020, plaintiff Marguerite Gamo filed her complaint in unlawful detainer (UD) against defendant Lynda Gemberling. On March 31, 2020, defendant leased from plaintiff a condominium—4700 Sandyland, Unit 24, in Carpinteria. The lease was for a six-month term and monthly rent was $1,500. The lease provided that, if defendant held over after expiration of the lease term, a month-to-month tenancy would be created at a monthly rent of $3,500 per month. Plaintiff alleges: The tenancy is not subject to the Tenant Protection Act of 2019 (Civil Code § 1946.2) (“TPA”). On October 7, 2020, plaintiff served defendant with a 30-day notice to vacate by posting and mailing. The notice states: “As you have not been in possession of the Property for greater than 12 mont
Hearing Date
January 22, 2021
Department
Judge Donna GeckDepartment 4 SB-Anacapa1100 Anacapa Street P.O. Box 21107 Santa Barbara, CA 93121-1107
For full print and download access, please subscribe at https://www.trellis.law/.
Nature of Proceedings: Demurrer Tentative Ruling: The court sustains defendant Lynda Gemberling’s demurrer to plaintiff Marguerite Gamo’s complaint with leave to amend the complaint and/or the UD-101 cover sheet. Background: On November 9, 2020, plaintiff Marguerite Gamo filed her complaint in unlawful detainer (UD) against defendant Lynda Gemberling. On March 31, 2020, defendant leased from plaintiff a condominium—4700 Sandyland, Unit 24, in Carpinteria. The lease was for a six-month term and monthly rent was $1,500. The lease provided that, if defendant held over after expiration of the lease term, a month-to-month tenancy would be created at a monthly rent of $3,500 per month. Plaintiff alleges: The tenancy is not subject to the Tenant Protection Act of 2019 (Civil Code § 1946.2) (“TPA”). On October 7, 2020, plaintiff served defendant with a 30-day notice to vacate by posting and mailing. The notice states: “As you have not been in possession of the Property for greater than 12 mont