Motion: Demurrer to Complaint
Tentative Ruling: To overrule defendant’s demurrer. Defendant shall file an answer to the plaintiff’s complaint within five days from the notice of this ruling.
This is an unlawful detainer action filed by Fortune Property Management as an authorized agent of the property owner against tenant Sabian Garcia that arises out of a residential lease. Fortune filed its complaint in this action on February 27, 2018 after serving Mr. Garcia with a 60-day notice to quit on December 11, 2018. Plaintiff’s complaint does not identify any past rent due from Mr. Sabian. Plaintiff only seeks monetary damages in the amount of $36.66 per day for the fair rental value of the property.
Mr. Sabian’s demurrer is based on his contention that plaintiff inaccurately served him with the notice to quit as required in Code of Civil Procedure §1162.
A demurrer can only be used to challenge defects that appear on the face of the complaint or from matters properly judicially noticed. I