Defendant’s Demurrer to the Complaint
Superior Court of the State of California County of Orange TENTATIVE RULINGS FOR C61 HON. JENNIFER M. MCCARTNEY
Date: 7/24/2026 Courtroom Rules and Notices
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# Case Name Tentative 8 30-2026-01581933 The Court has read and considered the Defendant’s Demurrer to the Gonzalez Hernandez Complaint (ROA 10). vs. Saucedo When a party files a demurrer, the Court looks at the facial sufficiency of the complaint and attachments only and cannot consider extrinsic evidence. The Court must assume that the statements contained within the Complaint are true in determining facial sufficiency. As such, the Court OVERRULES the Defendants’ demurrer. Based on only the information contained within the complaint and its attachments, there is sufficient basis to state a cause of action for an unlawful detainer. The issues raised by the Defendants in the Demurrer regarding the payments of rent and the possible overstatement of rent in the Notice to Pay Rent or Quit are factual determinations that will be addressed at trial.
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The Defendants are ordered to file an Answer within 5 business days.
The Plaintiff is ordered to serve notice of the Court’s ruling. 9 30-2026-01582683 The Court has read and considered the Defendant’s Demurrer to the Complaint (ROA 14).