S&S HOSPITALITY, INC. VS. SHIRLEY JARLAK ET AL

Real Property/Housing Court Law and Motion Calendar for June 3, 2025 line 3. 1-DEFENDANT SHIRLEY JARLAK DEMURRER TO COMPLAINT OVERRULED, 5 days to answer.

The complaint states a cause of action for unlawful detainer and is not uncertain. As the defendant acknowledges, a demurrer can only challenge defects that appear on the face of the complaint and that are judicially noticeable.

Plaintiff's objections to the defendant's request for judicial notice of exhibits B-D are sustained. While the Court may take judicial notice of the existence of other prior or pending actions between the parties, where there has been no judgment or findings of fact in any of those actions, the truth of any disputed allegations raised by the parties in those actions is not judicially noticeable. (Evid. Code 452(d), (h).)

The declarations submitted by defendants raise factual issues that do not appear on the face of the complaint, and thus are not considered on a demurrer and are not grounds for demurrer. Defendant's request for sanctions is denied. =(501/HEK)

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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. | |