Demurrer to complaint
Case: Arunyakasem v. Holcomb Case No. CV2026-1658 Hearing Date: July 2, 2026 Department Two 3:00 p.m.
Defendants Curtis Holcomb and Tina Cline’s demurrer to plaintiff Vichai Arunyakasem’s complaint for unlawful detainer based on defective notice is OVERRULED. (Code Civ. Proc., §§ 430.10, subd. (e), 1161; Civ. Code § 1946.2.) Although defendants argue that plaintiff’s notice did not give defendants the opportunity to cure the breach under Code of Civil Procedure section 1161(3), the notice attached to the complaint is based on the failure to pay rent under subdivision (2) of section 1161. (Complaint, ¶¶ 6-7, Exhibit A.) Further, defendants fail to establish that, despite the allegations in the complaint, Civil Code section 1946.2 applies to their tenancy. (Complaint, ¶ 4.)
Defendants’ demurrer to plaintiff’s complaint for unlawful detainer based on failure to state facts sufficient to constitute a cause of action is OVERRULED. (Code Civ. Proc., § 430.10, subd. (e).) Defendants have not shown that plaintiff’s complaint does not state a cause of action for unlawful detainer. (See, e.g., Donabedian v. Mercury Ins. Co. (2004) 116 Cal.App.4th 968, 994; Blank v. Kirwan (1985) 39 Cal.3d 311, 318; see also Complaint, ¶ 6, Exhibit A.)
Defendants’ demurrer to plaintiff’s complaint for unlawful detainer based on uncertainty is OVERRULED. (Code Civ. Proc., § 430.10, subd. (f).) The complaint is not unclear such that defendants cannot reasonably respond. (See
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?”
Defendants Curtis Holcomb and Tina Cline shall file their answers no later than July 7, 2026 (5 days after the hearing). (Cal. Rules of Court, rule 3.1320(g); 1.10(a).)
The notice of demurrer does not provide notice of this Court’s tentative ruling system as required by Local Rule 11.2(b). Counsel for demurring party, or the demurring party if unrepresented by counsel, is ordered to notify the opposing party or parties immediately of the tentative ruling system.
If no hearing is requested, and no party appears at the hearing, 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 8