HEARING ON DEMURRER TO COMPLAINT

FILED BY RICK HAMPTON

* TENTATIVE RULING: *

Defendant Rick Hampton’s Demurrer to the Complaint is sustained in part and overruled in part. The demurrer is overruled as to the grand theft (conversion) cause of action and sustained as to all other causes of action on the Plaintiff failed to allege facts sufficient to state a cause of action.

Plaintiff shall file any amended complaint on or before July 21, 2020.

Background

Plaintiff Cheryl Cole rented space in a commercial yard, located at 2164 Franklin Canyon Road in Martinez, to store vehicles, such as tractors and trailers, and other equipment. Defendant Rick Hampton was the owner and landlord. Plaintiff began renting the property on or

increase the monthly rent to $600 per month because she began storing more things on the property.

On or about February 22, 2016 Rick mailed Plaintiff a 3-day notice to pay or quit. Several days later, Plaintiff spoke with Rick and he informed her that he had bee