DEMURRER
(CCP §§ 430.31, et seq.)
TENTATIVE RULING:
Defendant Eviction Recovery Group’s Demurrer to the Complaint is SUSTAINED WITH 20 DAYS’ LEAVE TO AMEND.
ANALYSIS:
On January 28, 2020, Plaintiff Roselle Carlin fka Roselle Rios (“Plaintiff”) filed the instant action to vacate judgment against Defendant Eviction Recovery Group (“Defendant”). On March 20, 2020, Defendant filed the instant Demurrer to the Complaint. Plaintiff filed its Opposition on April 14, 2020 and Defendant replied on July 1, 2020.
The Court finds that the Demurrer is accompanied by a meet and confer declaration as required by Code of Civil Procedure section 430.41. (Demurrer, Cheng Decl., ¶¶2-8.) Defendant demurs to the Complaint for failure to allege sufficient facts to state a cause of action. (Citing Code Civ. Proc., § 430.10, subd. (e).) The Complaint alleges that on March 23, 1998, judgment was entered against Plaintiff and in favor of Roy Hearrean dba Towne House Apartments (“Hearrean”). (Compl., ¶4 and
Hearing Date
July 13, 2020
Type
Other Complaint (non-tort/non-complex) (Limited Jurisdiction)
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DEMURRER
(CCP §§ 430.31, et seq.)
TENTATIVE RULING:
Defendant Eviction Recovery Group’s Demurrer to the Complaint is SUSTAINED WITH 20 DAYS’ LEAVE TO AMEND.
ANALYSIS:
On January 28, 2020, Plaintiff Roselle Carlin fka Roselle Rios (“Plaintiff”) filed the instant action to vacate judgment against Defendant Eviction Recovery Group (“Defendant”). On March 20, 2020, Defendant filed the instant Demurrer to the Complaint. Plaintiff filed its Opposition on April 14, 2020 and Defendant replied on July 1, 2020.
The Court finds that the Demurrer is accompanied by a meet and confer declaration as required by Code of Civil Procedure section 430.41. (Demurrer, Cheng Decl., ¶¶2-8.) Defendant demurs to the Complaint for failure to allege sufficient facts to state a cause of action. (Citing Code Civ. Proc., § 430.10, subd. (e).) The Complaint alleges that on March 23, 1998, judgment was entered against Plaintiff and in favor of Roy Hearrean dba Towne House Apartments (“Hearrean”). (Compl., ¶4 and