Sunset Ridge Investment LP vs. Martinez

3 30-2026-01583021 The Court has read and considered the Plaintiff’s Motion to Deem Request Sunset Ridge for Admission, Set One Admitted to Julio C. Martinez and Fernando Reyes Investment LP vs. (ROA 44). Martinez IT IS ORDERED that the Plaintiff's Motion to Deem Request for Admission, Set One Admitted as to Julio C. Martinez and Fernando Reyes is granted and that the truth of all specified matters, and the genuineness of all specified documents, in the First Set of Requests for Admission, propounded by Plaintiff and served on Defendants on August 13, 2026, be deemed admitted.

The Court orders Defendants, Julio C. Martinez and Fernando Reyes, forthwith to pay a sanction in the amount of $810 to Plaintiff's Counsel. This sum shall be made payable to "Kimball, Tirey & St. John, LLP" within 5 business days of service of this order and shall be delivered via mail to Kimball, Tirey & St. John, LLP, 2040 Main Street, Suite 500, Irvine, CA 92614. If any party is required to further enforce the terms herein, the party enforcing this Judgment shall be entitled to further attorney's fees and costs.

The Court Orders Plaintiff to provide notice of the Court’s ruling.

10 30-2026-01590441 The Court has read and considered the Defendants' Demurrer to Amended Nguyen vs. McIntosh Complaint (ROA 11) and the Amended Complaint (ROA 7).

California Civil Code § 1954.535 provides that an owner must provide a tenant subject to an agreement or contract with a government agency with 90 days' written notice of the termination of the contract. This California Civil Code section does not exempt a landlord from the requirements under the Tenant Protection of 2019 if it applies to the tenancy, requiring notice under the just cause provision under Civil Code section 1946.2(b) or the California Code of Civil Procedure § 1161 requirements. The Plaintiff answered 7(b) in the Amended Complaint that the Tenant Protection Act of 2019 applies and that, under 8(a), the tenancy was terminated for at-fault just cause. The 90 Day Notice attached to the Amended Complaint does not meet the legal notice requirements for a just cause termination pursuant to Civil Code § 1946.2(b) or the California Code of Civil Procedure § 1161 requirements.

A Notice to Quit cannot be amended. The Court of Appeal held that when a plaintiff fails to strictly comply with the requirement under California Code of Civil Procedure section 1161, a plaintiff fails to state a cause of action for unlawful detainer. (Eshagian v. Cepeda (2025) 112 Cal.App. 5th 433, 457- 459.)

The Court SUSTAINS the Demurrer without leave to amend.

The Court dismisses the complaint with prejudice.

The Court Clerk is to provide notice of the Court’s ruling.

11 30-2026-01575211 The Court has read and considered the Defendant’s Motion to Quash Service Main Street of Summons (ROA 48). Management, Inc vs. Rios