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Real Property
Landlord and Tenant
Unlawful Detainer

I&G Direct Real Estate 42, L.P. v. Jotsm, LLC, dba Joan's on Third, and Does 1 through 10, inclusive

Published: Jul. 30, 2016 | Result Date: Jun. 16, 2016 | Filing Date: Jan. 1, 1900 |

Case number: BC621491 Demurrer –  Defense

Court

L.A. Superior Central


Attorneys

Plaintiff

David M. Cohen
(David M Cohen APC)


Defendant

Elizabeth M. Liliedahl-Allen
(Foley & Lardner LLP)

Tony Tootell
(Foley & Lardner LLP)


Facts

Plaintiff filed a complaint for unlawful detainer against defendant.

Contentions

PLAINTIFF'S CONTENTIONS:
Plaintiff contended that defendant entered into a written retail sublease in which defendant leased property located in Santa Monica. It served defendant with a five-day notice to pay rent or surrender possession after defendant failed and refused to make all payments due under the lease. The amount of rent outstanding totaled $145,528.

DEFENDANT'S CONTENTIONS:
Defendant contended in its demurrer that it was entitled to dismissal because plaintiff failed to properly serve the notice to quit on it.

Result

The court sustained defendant's demurrer with 10 days leave to amend.


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