NORMA ETZLER VS. JOHN F. K. VANCE ET AL
Case Information
Motion(s)
DEMURRER to COMPLAINT
Motion Type Tags
Demurrer
Parties
- Plaintiff: NORMA ETZLER
- Defendant: JOHN F. K. VANCE
Ruling
Real Property/Housing Court Law and Motion Calendar for June 3, 2025 line 4. DEFENDANT JOHN VANCE DEMURRER TO COMPLAINT SUSTAINED WITHOUT LEAVE TO AMEND. While CCP 1161(2) does not require the verbatim language argued by the defendant, it does require that the tenant be given written notice of the applicable time period within which he must pay or quit. The Three Day Notice served on the defendant here is fatally defective because by stating only "three days," without any language indicating which days count and which do not, it does not adequately inform the defendant of the applicable notice period under CCP 1161(2). =(501/HEK) 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. | |