VISTA DEL MONTE HOUSING, L.P. VS. MARIA BALTODANO ET AL

Real Property/Housing Court Law and Motion Calendar for August 14, 2026. Line 8. DEFENDANT MARIA BALTODANO DEMURRER to Amended COMPLAINT is SUSTAINED WITHOUT LEAVE TO AMEND.

The Thirty-Day Notice of Termination of Tenancy upon which the Second Amended Complaint is based, which is addressed to Defendant, purports to give notice terminating the tenancy of a person who is expressly alleged not to be a tenant. The Notice is defective on its face, and this defect cannot be cured by amendment.

While Plaintiff argues in its opposition to this demurrer that the Notice terminated the tenancy of the deceased former tenant, the Notice is not addressed to this person, nor to the executor or administrator of her estate. Finally, the alternative theories for unlawful detainer which Plaintiff puts forth in opposition-subletting in violation of the lease and death of the tenant-are not the stated basis for the Notice that was served. =(501/SKF)

Parties may appear in-person, telephonically or via Zoom (Video - Webinar ID: 160 560 5023; Password: 172849; or Phone Dial in: (669) 254-5252; Webinar ID: 160 560 5023; Password: 172849).

Parties who intend to appear at the hearing must give notice to opposing parties and the court promptly, but no later than 4:00 p.m. the court day before the hearing unless the tentative ruling has specified that a hearing is required.

Notice of contesting a tentative ruling shall be provided by sending an email to the court to Department501ContestTR@sftc.org with a copy to all other parties stating, without argument, the portion(s) of the tentative ruling that the party contests. A party may not argue at the hearing if the opposing party is not so notified, and the opposing party does not appear. | |