DEMURRER to COMPLAINT
SF Superior Court - Real Property / Housing Dept 501 - CUD26682380 - July 9, 2026 Hearing date: July 9, 2026 Case number: CUD26682380 Case title: CONAN K. LI ET AL VS. OMED HAMID ET AL Case Number: | | CUD26682380 | Case Title: | | CONAN K. LI ET AL VS. OMED HAMID ET AL | Court Date: | | 2026-07-09 09:30 AM | Calendar Matter: | | DEMURRER to COMPLAINT | Rulings: | | Real Property/Housing Court Law and Motion Calendar for July 9, 2026. Line 20.
DEFENDANT OMED HAMID, ZARLAKHTA HAMID DEMURRER to COMPLAINT is SUSTAINED WITHOUT LEAVE TO AMEND.
The Complaint fails to state a cause of action because the Notice to Pay Rent or Quit does not comply with CCP 1161(2). The Notice clearly does not allow for payment either in person or by mail. However, CCP 1161(2) states that if personal delivery of the rent is not allowed, it shall be conclusively presumed that upon mailing of the rent by the tenant to the owner at the name and address provided, the rent is deemed received. The statutory language indicates that if a notice does not allow for payment in person, it must allow for payment by mail. Since the Notice attached to the Complaint clearly indicates that neither in person nor mail payments are allowed, the Notice does not comply with the statute.=(501/CFH)
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