Demurrer to the Complaint; Motion to Strike Portions of Complaint
The Defendant is ordered to file an answer within 5 calendar days.
Plaintiff is ordered to serve notice of the Court’s ruling. 15 30-2026-01564509- The Court has read and considered the Defendant’s Demurrer to the CL-UD-CJC Complaint (ROA 11), Defendant’s Motion to Strike Portions of Complaint Vietnamese Bhikshu (ROA 12), Request for Judicial Notice (ROA 9), Complaint (ROA 2), and Buddhist Association Plaintiff’s Opposition (ROA 17). Temple vs. Nguyen The Court takes Judicial Notice under Evidence Code section 452(d) and 453 of Exhibits A, B, and C.
The Court GRANTS the Defendant’s Motion to Strike as to Item 20(d) Plaintiff’s request for reasonable attorneys' fees or any other request requesting attorneys’ fees, as there is no written agreement as to attorneys’ fees, and there is no statute that is listed which authorizes attorneys’ fees.
The Court DENIES the Defendant’s Motion to Strike as to Item 15 and any request for damages under 1174(b).
The Court SUSTAINS the Demurrer. In the Complaint, the Plaintiff states that the Tenant Protection Act of 2019 is not applicable but does not specify which code section the Plaintiff claims an exemption under. The Complaint alleges that the Defendant is a “squatter” in one location, a temporary boarder with an oral agreement to occupy the premises in another location, and that the Notice to Quit indicates a month-to-month rental agreement or expired lease agreement.
If the Plaintiff cannot provide the Court with proof of service which shows that the Defendant was properly served with the Notice to Quit by posting and mailing, then the Notice to Quit is defective and cannot be cured. Although Plaintiff says the Notice was posted, posting alone does not comply with the notice requirements under the California Code of Civil Procedure – it must be posted and mailed. Whether the Plaintiff has leave to amend will be determined after the issue of proof of service is resolved at the Court hearing on 5/20/2026 at 8:30 AM.
16 30-2026-01564537- The Court has read and considered the Defendant’s Demurrer to the CL-UD-CJC Complaint (ROA 10) and the Complaint (ROA 2). Lim, Saavedra & Associates, LLC vs. The Demurrer to the Complaint is SUSTAINED. The attached Three-Day Azraie Notice to Pay Rent or Quit to the Complaint fails to identify the method of payment the Defendant should use, address for payment, phone number for the Plaintiff in violation of California Code of Civil Procedure § 1161(2). The Court will note that at the bottom of the Three-Day Notice to Pay Rent or Quit it says “Page 1 of 2” but there is no page 2 of 2 attached to the Complaint.
If Plaintiff can provide documentation to the Court that the 2 page of the Notice to Pay Rent or Quit contain the required information under
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