| Case | County / Judge | Motion | Ruling | Date |
|---|
DEMURRER to Amended COMPLAINT
Real Property/Housing Court Law and Motion Calendar for March 27, 2026. Line 13.
DEFENDANT MAURICE OCHOA DEMURRER to Amended COMPLAINT is SUSTAINED with leave to amend for Plaintiff to allege specific facts showing that lawful notice to enter was provided to Defendant between the date the Notice to Cure or Quit was served and the date it expired, and Defendant failed to provide access pursuant to that lawful notice.
The conclusory allegation added as a third paragraph in Attachment 17 of the First Amended Complaint does not contain specific facts regarding when or in what manner the notice to enter was given or when or how Defendant failed to provide access. The demurrer is sustained on this ground only, and is otherwise overruled.
The Court notes, however, that although the incompleteness of the attached lease does not render the pleading uncertain as asserted by Defendant, the Court agrees that the lease appears incomplete on its face. Therefore, leave to amend is extended to permit Plaintiff, if it so chooses, to either attach the complete lease or explain why the attached lease is or appears to be incomplete. =(501/CFH)
Parties may appear in-person, telephonically or via Zoom (Video - Webinar ID: 160 560 5023; Password: 172849; or Phone Dial in: (669) 254-5252; Webinar ID: 160 560 5023; Password: 172849).
Parties who intend to appear at the hearing must give notice to opposing parties and the court promptly, but no later than 4:00 p.m. the court day before the hearing unless the tentative ruling has specified that a hearing is required.
Notice of contesting a tentative ruling shall be provided by sending an email to the court to Department501ContestTR@sftc.org with a copy to all other parties stating, without argument, the portion(s) of the tentative ruling that the party contests. A party may not argue at the hearing if the opposing party is not so notified, and the opposing party does not appear | |
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