Defendant Patrick Ryan See and Pedro Ponce's Demurrer to the Complaint is OVERRULED. Contrary to the moving defendants' demurrer, there is a verification attached to the Complaint signed by Eric Weise, the authorized agent for officer or owner.
Defendants argue that the lease attached as Exhibit 1 to the complaint is an old, expired lease. MR. PONCE currently holds the property under a new lease, entered into in February 2017, attached as Exhibit A. According to defendants, they are not in default under this new lease. Further, Mr. See is allegedly not a party to the "new" lease and the "new" lease has changed the amount of the rent. However, in ruling on a demurrer, the court is limited to defects that appear from the face of the pleading and to matters subject to Judicial Notice. The complaint alleges a breach of a lease attached to the pleading. There are no defects appearing on the face of the pleading.
Hearing Date
June 30, 2017
Category
Civil - Unlimited
Type
Unlawful Detainer - Commercial
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Defendant Patrick Ryan See and Pedro Ponce's Demurrer to the Complaint is OVERRULED. Contrary to the moving defendants' demurrer, there is a verification attached to the Complaint signed by Eric Weise, the authorized agent for officer or owner.
Defendants argue that the lease attached as Exhibit 1 to the complaint is an old, expired lease. MR. PONCE currently holds the property under a new lease, entered into in February 2017, attached as Exhibit A. According to defendants, they are not in default under this new lease. Further, Mr. See is allegedly not a party to the "new" lease and the "new" lease has changed the amount of the rent. However, in ruling on a demurrer, the court is limited to defects that appear from the face of the pleading and to matters subject to Judicial Notice. The complaint alleges a breach of a lease attached to the pleading. There are no defects appearing on the face of the pleading.