Background
This is an unlawful detainer action. On June 1, 2018, plaintiff filed an unlawful detainer complaint on the optional Judicial Council form.
On June 14, 2018, defendant Francisco Vargas filed this unopposed demurrer, arguing that the complaint fails to state sufficient facts to constitute a cause of action because plaintiff never served the 3-day notice. (The Court refers to Francisco by first name for clarity, not out of familiarity or disrespect.) The Court considered the moving papers and rules as follows.
Francisco is self-represented. Self-represented litigants are held to the same standards that apply to licensed attorneys. Harding v. Collazo (1986) 177 Cal.App.3d 1044, 1056; Lombardi v. Citizens Nat’l Trust & Sav. Bank (1955) 137 Cal.App.2d 206, 208-209 (stating that self-represented litigants are “restricted to the same rules of evidence and procedure as is required of those qualified to practice law before our courts.”)
Standard
A demurrer tests the sufficiency
Hearing Date
July 31, 2018
Type
UD/Residence (not Drugs/Evict) (General Jurisdiction)
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Background
This is an unlawful detainer action. On June 1, 2018, plaintiff filed an unlawful detainer complaint on the optional Judicial Council form.
On June 14, 2018, defendant Francisco Vargas filed this unopposed demurrer, arguing that the complaint fails to state sufficient facts to constitute a cause of action because plaintiff never served the 3-day notice. (The Court refers to Francisco by first name for clarity, not out of familiarity or disrespect.) The Court considered the moving papers and rules as follows.
Francisco is self-represented. Self-represented litigants are held to the same standards that apply to licensed attorneys. Harding v. Collazo (1986) 177 Cal.App.3d 1044, 1056; Lombardi v. Citizens Nat’l Trust & Sav. Bank (1955) 137 Cal.App.2d 206, 208-209 (stating that self-represented litigants are “restricted to the same rules of evidence and procedure as is required of those qualified to practice law before our courts.”)
Standard
A demurrer tests the sufficiency