# 13. Detrop Properties, LLC v. Ruben Khrayan d/b/a Suns Market Gas & Diesel

Case No.: TC029040

Matter on calendar for: Hearing on demurrer

Tentative ruling:

Defendant Ruben Khrayan d/b/a Suns Market Gas & Diesel demurs to Plaintiff Detrop Properties’ (commercial) Unlawful Detainer Complaint. Defendant argues (1) the Complaint contains no allegations which would support the basis for an Unlawful Detainer Complaint; in fact, Defendant has not defaulted on its rent payment obligations; and (2) the Complaint is uncertain.

Defendant’s arguments are unavailing because:

· Defendant fails to explain how the Complaint is factually deficient.

· Defendant fails to cite to any authorities for his proposition (based on extrinsic evidence) that an Unlawful Detainer Complaint based on a month-to-month tenancy must allege default or some wrongdoing by the defendant. (Compare CCP §§ 1164, 1162(2).)

· Defendant fails to explain how the Complaint is uncertain. The Complaint identifies the partie