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civil tentative rulings


The court does not issue tentative rulings on Writs of Attachment, Writs of Possession, Claims of Exemption, Claims of Right to Possession, Motions to Tax Costs After Trial, Motions for New Trial, or Motions to Continue Trial.


Under California Rules of Court, rule 3.1308 and Local Rule 701, any party opposed to the tentative ruling must notify the court, and other parties, by 4:00 p.m. on the court day before the hearing of their intention to appear for oral argument. The court's notice must be made by facsimile to 559-733-6774.


Timestamp: 07/25/2014 at 8:21am



The Tentative Rulings for Friday, July 25, 2014 are:

Re:                Excel Property Management v. Gonzalez

Case No.:     165322

Date:            July 25, 2014      Time: 8:30 A.M. 

Dept.            2 – The Honorable Lloyd Hicks   

Motion:        Defendant’s Demurrer to Complaint for Unlawful Detainer

Tentative Ruling:  To Overrule Defendant’s Demurrer to Complaint for Unlawful Detainer.  Defendant shall file his answer to the complaint on or before July 30, 2014.

The demurrer appears to lack merit.  Despite allegations in the demurrer to the contrary:  a copy of the written lease agreement is attached to the Complaint; the rent specified in the lease agreement is the same as that asserted in the Complaint; the amount claimed due in the three day notice attached to the Complaint is also the same as asserted in the Complaint and in the lease; the three day notice contains no extra fees or costs – it specifies only unpaid rent due for one month; and the three day notice contains a proof of service adequate for purposes of pleading.

If no one requests oral argument, under Code of Civil Procedure section 1019.5(a) and California Rules of Court, rule 3.1312(a), no further written order is necessary. The minute order adopting this tentative ruling will become the order of the court and service by the clerk will constitute notice of the order.

 


This concludes the civil tentative rulings



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