520 Carrillo, LLC v. Mikaila Harris, et al

Case Number

23CV05032

Case Type

Hearing Date / Time

Mon, 01/08/2024 - 10:00

Nature of Proceedings

Defendants’ Demurrer to Complaint

Tentative Ruling

520 Carrillo, LLC v. Mikaila Harris, et al.                  

Case No. 23CV05032

           

Hearing Date: January 8, 2024                                              

HEARING:              Defendants’ Demurrer to Complaint

ATTORNEYS:        For Plaintiff 520 Carrillo, LLC: Jeffrey J. Stinnett and Shannon Farrell

                                    For Defendant Ambrose Harris: In Pro Per

                                    For Defendant Mikaila Harris: Default Entered

                                   

TENTATIVE RULING:

The demurrer of defendant Ambrose Harris is overruled. Ambrose Harris shall file an answer to the complaint no later than January 17, 2024.

Background:

This action was commenced on November 14, 2023, by the filing of the complaint for unlawful detainer by plaintiff 520 Carrillo, LLC (“Carrillo”) against defendants Mikaila Harris and Ambrose Harris. The complaint alleges non-payment of rent for premises located at 522 W. Carrillo Street, number 3, in Santa Barbara.

Defendants entered into a written one-year lease agreement on June 17, 2021, which obligated them to pay monthly rent of $2,300.00. Thereafter, the lease was extended and rent increased. As of August 1, 2023, the rent was $2,456.00 per month.

Carrillo caused a three-day notice to pay rent or quit to be served on defendants, by posting and mailing, on October 7, 2023. The amount alleged to be owing at that time was $2,436.00. Defendants were also served a notice to perform covenant or quit, requiring them to pay a late fee of $50.00 and a utility fee of $75.00.

Default was entered against Mikaila Harris on December 22, 2023.

Ambrose Harris now demurs to the complaint arguing: (1) She was injured on the property August 14, 2022, and has not fully recovered to be able to resume full-time employment; (2) She has suffered foot ulcers and severe type 2 Diabetes that have hindered her from full-time work; (3) She has less income due to less work as a result of her health; and (4) She currently has a large open wound on her left foot.

Carrillo opposes the demurrer.

Analysis:

“[A] court must treat a demurrer as admitting all material facts properly pleaded, it does not, however, assume the truth of contentions, deductions or conclusions of law.” (Travelers Indem. Co. of Connecticut v. Navigators Specialty Ins. Co. (2021) 70 Cal.App.5th 341, 358, citing Aubry v. Tri-City Hospital Dist. (1992) 2 Cal.4th 962, 967.)

“To survive a demurrer, the complaint need only allege facts sufficient to state a cause of action; each evidentiary fact that might eventually form part of the plaintiff’s proof need not be alleged.” (C.A. v. William S. Hart Union High School Dist. (2012) 53 Cal.4th 861, 872.)

A demurrer searches for defects in the allegations of the pleading. “A demurrer is simply not the appropriate procedure for determining the truth of disputed facts.” (Ramsden v. Western Union (1977) 71 Cal.App.3d 873, 879.)

“The party against whom a complaint or cross-complaint has been filed may object, by demurrer or answer as provided in Section 430.30, to the pleading on any one or more of the following grounds:

“(a) The court has no jurisdiction of the subject of the cause of action alleged in the pleading.

“(b) The person who filed the pleading does not have the legal capacity to sue.

“(c) There is another action pending between the same parties on the same cause of action.

“(d) There is a defect or misjoinder of parties.

“(e) The pleading does not state facts sufficient to constitute a cause of action.

“(f) The pleading is uncertain. As used in this subdivision, “uncertain” includes ambiguous and unintelligible.

“(g) In an action founded upon a contract, it cannot be ascertained from the pleading whether the contract is written, is oral, or is implied by conduct.

“(h) No certificate was filed as required by Section 411.35.” (Code Civ. Proc., § 430.10.)

Ambrose Harris does not cite any relevant authority in support of her demurrer. While the court is sympathetic to Ambrose Harris’ health issues, they are not grounds for demurrer.  

The requirements for an unlawful detainer complaint are set forth in Code of Civil Procedure section 1166 as follows:

“(a) The complaint shall:

“(1)      Be verified and include the typed or printed name of the person verifying the complaint.

“(2)      Set forth the facts on which the plaintiff seeks to recover.

“(3)      Describe the premises with reasonable certainty.

“(4)      If the action is based on paragraph (2) of Section 1161, state the amount of rent in default.

“(5)      State specifically the method used to serve the defendant with the notice or notices of termination upon which the complaint is based. This requirement may be satisfied by using and completing all items relating to service of the notice or notices in an appropriate Judicial Council form complaint, or by attaching a proof of service of the notice or notices of termination served on the defendant.

“(b) The complaint may set forth any circumstances of fraud, force, or violence that may have accompanied the alleged forcible entry or forcible or unlawful detainer, and claim damages therefor.

“(c) In an action regarding residential real property based on Section 1161a, the plaintiff shall state in the caption of the complaint “Action based on Code of Civil Procedure Section 1161a.”

“(d)(1) In an action regarding residential property, the plaintiff shall attach to the complaint the following:

“(A)     A copy of the notice or notices of termination served on the defendant upon which the complaint is based.

“(B)     A copy of any written lease or rental agreement regarding the premises. Any addenda or attachments to the lease or written agreement that form the basis of the complaint shall also be attached. The documents required by this subparagraph are not required to be attached if the complaint alleges any of the following:

“(i)       The lease or rental agreement is oral.

“(ii)      A written lease or rental agreement regarding the premises is not in the possession of the landlord or any agent or employee of the landlord.

“(iii)    An action based solely on subdivision (2) of Section 1161.

“(2) If the plaintiff fails to attach the documents required by this subdivision, the court shall grant leave to amend the complaint for a five-day period in order to include the required attachments.

“(e) Upon filing the complaint, a summons shall be issued thereon.”

Carrillo has fully complied with Code of Civil Procedure section 1166. As such the demurrer is overruled.