Tentative ruling issued by Judge Patricia D. Nieto on May. 06, 2021 in Los Angeles County, CA - Case no: xxxxx981

Plaintiff Central Elk Properties LLC’s demurrer to Defendants’ answer is SUSTAINED without leave as to the first and seventeenth causes and SUSTAINED with leave as to the remainder.

On September 4, 2020, Plaintiff Central Elk Properties LLC filed a complaint against Dina Kimmel We Rock The Spectrum Kids Gym LLC. The Complaint alleges a breach of a written lease agreement, whereby Defendants were tenants who failed to pay monthly rent starting in November 2019. The Complaint states one cause of action for breach of contract.

On November 10, 2020, Defendants filed an answer, asserting seventeen affirmative defenses. On November 11, 2020, Plaintiff filed a demurrer to the answer, specifically against the first, second, fourth, fifth, sixth, seventh, eighth, ninth, tenth, eleventh and seventeenth affirmative defenses. On April 21, 2021, Defendants filed an opposition. On April 29, 2021, Plaintiff filed a reply.

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