CLAY KEARNY MERCHANT CORP. VS. LEONARD WALDON ET AL

Real Property/Housing Court Law and Motion Calendar for June 10, 2025. Line 4.

DEFENDANT LEONARD WALDON (SUED AS LEONARD WALDON) DEMURRER is SUSTAINED in part, with leave to amend within 5 days of notice of entry of order.

The apparent inconsistency between plaintiff's alleged interest in the premises, the date of the alleged rental agreement between plaintiff and defendant, and the recorded property records, render the pleading uncertain as to how plaintiff had the capacity to enter into a rental agreement, or in what capacity plaintiff entered into the rental agreement, on the alleged date. The demurrer is sustained on this ground only.

Plaintiff's opposition on this point is based on different facts than what are alleged on the face of the complaint, which specifically alleges that the written agreement was made with plaintiff, not with plaintiff's predecessor in interest. Factual allegations which are extrinsic to the pleading and not judicially noticeable are not properly raised at the demurrer stage. =(501/CFH)

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