DEMURRER to Amended COMPLAINT
SF Superior Court - Real Property / Housing Dept 501 - CUD25677936 - June 26, 2025 Hearing date: June 26, 2025 Case number: CUD25677936 Case title: SUDNYA SHROFF VS. DAVID CHOL ET AL Case Number: | | CUD25677936 | Case Title: | | SUDNYA SHROFF VS. DAVID CHOL ET AL | Court Date: | | 2025-06-26 09:30 AM | Calendar Matter: | | DEMURRER to Amended COMPLAINT | Rulings: | | Real Property/Housing Court Law and Motion calendar for June 26, 2025, line 5.
Defendant's Demurrer to First Amended Complaint is SUSTAINED WITHOUT LEAVE TO AMEND, subject to opposition. The First Amended Complaint fails to state a cause of action. The plain language of CCP 1161(3) requires that a notice given under that section based upon the tenant's material violation of the lease must be stated in the alternative, demanding that the tenant either cure the violation or surrender possession of the property, unless the violation is incurable. The Three-Day Notice to Quit upon which the First Amended Complaint is based does not allege that the violations are incurable, but does not give defendant an opportunity to cure. The Three-Day Notice to Quit does not comply with CCP 1161(3). This defect cannot be cured by amending the pleading. =(501/SKF)
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