Demurrer; Request to dismiss complaint
Case: Chang v. Ferrian Case No. CV2026-1435 Hearing Date: June 12, 2026 Department Two 1:30 p.m.
Defendant Janet Ferrian’s demurrer to plaintiff Eugene Chang DBA SDLD Associates’ complaint is SUSTAINED WITHOUT LEAVE TO AMEND. (Code Civ. Proc., § 430.10, subd. (e).) The three-day notice to pay rent or quit failed to state that Saturdays and Sundays and other judicial holidays were excluded from defendant’s three-day deadline to either pay rent or surrender possession of the premises. (Code Civ. Proc., § 1161, subd. (2); Complaint, ¶ 9(e), Exhibit 2.) As plaintiff did not strictly comply with this statutory requirement, they cannot maintain the unlawful detainer action against defendant. (Kwok v. Bergren (1982) 130 Cal.App.3d 596, 599–600.)
Defendant’s request to dismiss plaintiff’s complaint is GRANTED. (Code Civ. Proc., § 581, subd. (f)(1).)
If no hearing is requested, this tentative ruling is effective immediately. No formal order pursuant to California Rules of Court, rule 3.1312 or further notice is required.
2 of 2
Looking for case law or statutes not cited here? Search published authorities
Examples: “Why did the court rule this way?” · “What were the procedural grounds?” · “Is appearance required?”