AMY BEASOM VS. KAIA ANDERSON-BUCKLEY ET AL
Case Information
Motion(s)
DEMURRER to COMPLAINT
Motion Type Tags
Demurrer
Parties
- Plaintiff: AMY BEASOM
- Defendant: KAIA ANDERSON-BUCKLEY
Ruling
Real Property/Housing Court Law and Motion Calendar for June 4, 2025 line 6.
DEFENDANT KAIA ANDERSON-BUCKLEY DEMURRER TO COMPLAINT is OVERRULED, 5 days to answer. All of the demurrer arguments lack merit. The complaint sufficiently alleges a valid statutory basis for exemption from the Tenant Protection Act of 2019 and thus the defendant's first two arguments are rejected. Although the plaintiff mistakenly cited CC 1946.2(g)(1)(a), as counsel for the defendant knows or should know, the language of that former subsection remains part of the Tenant Protection Act in CC 1946.2(i)(1)(a). Thus, there is no legitimate uncertainty as to the plaintiff's intention to plead that the Act is inapplicable.
Nor is there uncertainty regarding service of the notice or a failure to join all necessary parties. The allegations regarding service are not irreconcilable and can, at least theoretically, all be true. Nothing in the complaint or anything that the Court may judicially notice establishes that Joshua Anderson must be joined as a plaintiff. Defendant's request for judicial notice is denied in its entirety. =(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. | |