BEX FMCA, LLC VS. JULIAN EMANUEL SAMBOLA MARTINEZ

09/03/2026 – Law and Motion Calendar Judge: Honorable Mark A. McCannon – Department 2 Page 16 of 17

2:00 PM LINE 10 26-UDL-00922 BEX FMCA, LLC VS. JULIAN EMANUEL SAMBOLA MARTINEZ

BEX FMCA, LLC KIYOSHI DIN JULIAN EMANUEL SAMBOLA MARTINEZ PRO PER

DEMURRER; MOTION TO STRIKE COMPLAINT

TENTATIVE RULING:

For the reasons stated below, Julian Emanuel Sambola Martinez’s Demurrer is OVERRULED. Defendant’s Motion to Strike is DENIED.

LEGAL STANDARD

The purpose of a demurrer is to test the legal sufficiency of the facts alleged in the operative complaint to determine whether they state a cause of action under any legal theory as a matter of law. (New Livable Cal. v. Association of Bay Area Gov’ts (2020) 59 Cal.App.5th 709, 714–715; Genis v. Schainbaum (2021) 66 Cal.App.5th 1007, 1014.) A complaint must allege the essential elements of a cause of action. (Shaeffer v. Califia Farms, LLC (2020) 44 Cal.App.5th 1125, 1134.) A demurrer must dispose of an entire cause of action to be sustained. (Fremont Indemnity Co. v. Fremont General Corp. (2007) 148 Cal.App.4th 97, 119.)

In determining whether a complaint states facts sufficient to constitute a cause of action, the Court accepts as true properly pleaded factual allegations and matters properly subject to judicial notice, but not contentions, deductions, or conclusions of fact or law. (Code Civ. Proc., § 430.30, subd. (a); Richtek USA, Inc. v. uPI Semiconductor Corp. (2015) 242 Cal.App.4th 651, 658.) The complaint must be reasonably interpreted and read as a whole, with its parts considered in context. (Herman v. Los Angeles County Metropolitan Transportation Authority (1999) 71 Cal.App.4th 819, 824.) The Court construes the pleading liberally (Code Civ. Proc., § 452) and accepts as true facts that may reasonably be inferred from those expressly alleged. (Cundiff v. GTE Cal., Inc. (2002) 101 Cal.App.4th 1395, 1405.)

DISCUSSION

The Complaint adequately alleges that Plaintiff owns the premises, Defendant entered into a written one-year residential tenancy through Plaintiff’s agent, Defendant failed to pay rent, and a three-day notice to pay rent or quit was served and expired without compliance. The Complaint is also properly verified by Plaintiff’s counsel.

Defendant’s contention that he is the “Owner of Record” does not establish a pleading defect. Plaintiff’s judicially noticed Grant Deed identifies BEX FMCA, LLC as the grantee of the property, and Defendant’s arguments concerning an inactive fictitious business name and prior dismissed unlawful-detainer actions do not establish that Plaintiff lacks capacity or standing to maintain this action. Defendant’s motion to strike

09/03/2026 – Law and Motion Calendar Judge: Honorable Mark A. McCannon – Department 2 Page 17 of 17

likewise identifies no matter appearing on the face of the Complaint that warrants relief under Code of Civil Procedure section 436.

If the tentative ruling is uncontested, it shall become the order of the Court. Thereafter, counsel for the prevailing party shall prepare a written order consistent with this ruling for the Court’s signature, pursuant to California Rules of Court, rule 3.1312, and provide notice of the ruling to all appearing parties as required by law. The Court further directs the parties’ attention to revised Local Rule 3.403(b)(iv) (eff. Jan. 1, 2024) regarding the form of proposed orders.

Posted: 3:00 P.M.