1 LEVI REUBEN UKU SBN: 196406

LAW OFFICES OF LEVI REUBEN UKU

2 3540 Wilshire Blvd., Suite 626
Los Angeles, CA 90010
3 (213) 385-0193, (213) 385-0576 fax
4 Attorney for Defendants
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6 SUPERIOR COURT OF THE STATE OF CALIFORNIA

7 COUNTY OF KERN
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9 U.S. BANK NATIONAL ASSOCIATION ET Case No.: S-1500-CL-245002

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AL
Plaintiff NOTICE OF DEMURRER AND
DEMURRER TO COMPLAINT
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v.
DEPT: 17
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RAUL MOJICA PRADO et aI, SEPTEMBER 30, 2010
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15 Defendants.

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18 TO ALL PARTIES AND TO THEIR ATTORNEYS OF RECORD:

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PLEASE TAKE NOTICE that on September 30, 2010, at 8:30 a.m., in Department "17 ", 0

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the above-entitled court located at 1415 Truxtun Avenue, CA 93301, Defendant Raul Mojic
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Prado will demur to the Complaint on file herein pursuant to California Code ofCivil Procedur
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24 sections 430.10 subdivision (e) and 430.30 subdivision (a).

25 Defendant, Prado will demur to the Complaint on the following grounds:

26 1. The First Cause of Action for Unlawful Detainer to state facts sufficient to constitute
27 cause of action for fraud against the demurring Defendant. The Defendant purchased th
28 subject property in 2005; at the commencement of the said unlawful detainer action.

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NOTICE OF DEMURRER
 1 Defendant subleased the premises to two unrelated adults who resided in the premise
2 along with the Defendant.
3 2. Further, Defendant demurrer is based on the fact that the complaint failed to state a caus
4 of action, because the complaint was filed prematurely and contrary to the 30/90 da
5 ought to have given/or gave the Defendants; The Plaintiff was required by law to give
6 60-day notice to the subleasor occupants of the said property.
7 3. Plaintiff filed this action contrary to the law by failing to give adequate notice to th
8 none-owner occupants of the property.
9 4. To the extent said cause of action for unlawful detainer is predicated on notice that wa
10 inadequate and contrary to law, it must fail for failure to state a cause of action.
11 This demurrer is made and based upon this notice, the accompanying memorandum of point
12 and authorities, the papers, records and pleadings on file herein and upon such oral argument an
13 evidence as may be introduced at the time of the hearing ofthis demurrer.
14 WHEREFORE, Defendants, pray for relief as follows:
15 (1) That this demurrer be sustained without leave to amend;
16 (2) For judgment in favor of this Defendants;
17 (3) For all costs of suit incurred herein; and
18 (4) For such other and further relief as this court deems just and proper, whether in law
19 or equity.
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Dated: August 16,2010 LAW OFFICES OF LEVI REUBEN UKU

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LE~
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BY_____ __-----------------­
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NOTICE OF DEMURRER

 1 MEMORANDUM OF POINTS AND AUTHORITIES

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STATEMENT OF FACTS
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On Plaintiff filed this action on December 21,2009, Plaintiffs action is based on the fac

6 that it purchased the subject real property at a foreclosure sale, and thus is a foreclosure buyer i
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possession of a deed upon sale, thereby claiming interest on the said property.
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purported served via "substitute service" on the occupants a "Notice to Quit" sometimes i
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December, 2009. Contrary to the said notice, Defendant or its agent was not served with the sai
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11 3/60/90 day notice to quit.

12 The said notice is attached to the complaint as Exhibit "2". The Notice stated three differen
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periods for the occupants to quit possession as follows: 3 day; 30 day; 60 day and 90 day.
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It is important to note that the property is occupied by the Defendant and Defendant'
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subleasor.
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17 Defendant believes that the notice of 60 or 90 day applied to the' occupants of the sai

18 property, in which case, any unlawful detainer action must be filed at the expiration of the 60 0

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90 day period. Plaintiff knew that the Defendant subleased the said premises to an unrelate
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third party. Yet, Plaintiff failed to wait sixty days after the service of the sixty-day notice to qui
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in order filing the instant unlawful detainer action.

23 Plaintiff filed the said action on December 12, 2010 less than the required sixty da
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notice. The said notice was purportedly posted on December _, 2009.. See, Exhibit "2" to th
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complaint. See, Code of Civil procedure section 1161 (a)(b)(3).
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Defendant believes that the complaint fails to state a cause of action as it was file
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28 prematurely.

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NOTICE OF DEMURRER
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ARGUME1W
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II

A DEMURRER IS PROPERLY SUSTAINED WHERE A COMPLAINT

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FAILS TO STATE A CAUSE OF ACTION

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A demurrer is a proper vehicle whereupon the Complaint is tested for failure to state a

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cause of action, as set forth in California Code of Civil Procedure section 430.10. In addition, a
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demurrer may be properly sustained without leave to amend even if made on the grounds that the
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complaint fails to state facts sufficient to state a cause of action, or plaintiff fails to show that the
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complaint can be cured. Blank v. Kirwan (1985) 39 Ca.3d 311,318.

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VII

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CONCLUSION

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For the foregoing reasons, Defendants respectfully request that the demurrer be sustained

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without leave to amend.
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Dated: August 16,2010. LAW OFFICES OF LEVI REUBEN UKU

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NOTICE OF DEMURRER
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3 PROOF OF SERVICE
4 STATE OF CALIFORNIA )

5 COUNTY OF LOS ANGELES·

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I am employed in the County of Los Angeles, State of California. I am over the
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age of eighteen (18) and not a party to the within action. My business address is 3540
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Wilshire Blvd. Suite 626, L.A, CA 90010.
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On 8/161 2010 I served the foregoing document described as:
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NOTICE OF DEMURRER TO UNLAWFUL DETAINER COMPLAINT
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on the interested parties by U.S. Postal Service;
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RAYMOND G. ALVARADO, ESQUIRE

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1 MACARTHUR PLACE #210
14 SANTA ANA, CA 92707
I am readily familiar with firm's practice of collection and processin
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correspondence for mailing. Under the practice the envelope would be deposited with
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U.S. Postal Service on that same day with postage thereon fully prepaid at Los Angeles,

18 California in the ordinary course of business. 'am aware that on motion of the part

19 served, service is presumed invalid if postal cancellation date or postage meter dates i
20 more than one day after date of deposit for mailing.
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I declare under penalty of perjury, under the laws of the State of California, tha
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the foregoing is true and correct.
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Dated: 8/16/2010
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Levi Reuben Uku
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NOTICE OF DEMURRER