FELL HOLDINGS LLC VS. FELL ST AUTOMOTIVE CLINIC ET AL
DEMURRER to Amended COMPLAINT
Motion type
Causes of action
Parties
Ruling
SF Superior Court - Real Property / Housing Dept 501 - CUD20667352 - November 14, 2025 Hearing date: November 14, 2025 Case number: CUD20667352 Case title: FELL HOLDINGS LLC VS. FELL ST AUTOMOTIVE CLINIC ET AL Case Number: | | CUD20667352 | Case Title: | | FELL HOLDINGS LLC VS. FELL ST AUTOMOTIVE CLINIC ET AL | Court Date: | | 2025-11-14 09:30 AM | Calendar Matter: | | DEMURRER to Amended COMPLAINT | Rulings: | | Real Property/Housing Court Law and Motion Calendar for November 14, 2025. Line 18.1.
DEFENDANT LAURENCE NASEY, DENIZE BORGES DEMURRER to 1ST Amended COMPLAINT. is SUSTAINED in part and OVERRULED in part.
To the extent Plaintiff's sole cause of action for unlawful detainer is based on CCP 1161(3), the demurrer is sustained without leave to amend. A cause of action based on CCP 1161(3) requires notice. The proviso excusing a landlord from providing a notice demanding performance for a covenant that cannot be performed does not excuse the landlord from giving three days' notice demanding possession of the property. As it is clear that no such notice was given, this is an incurable defect.
To the extent Plaintiff's sole cause of action for unlawful detainer is based on CCP 1161(1), the demurrer is overruled, as the First Amended Complaint states facts sufficient to constitute a cause of action under that section. =(501/REQ)
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