Wrenn

This is an appeal by the plaintiff from a judgment entered after the sustaining of a demurrer to the complaint in an unlawful detainer proceeding by which plaintiff seeks to recover the possession of certain housing accommodations occupied by defendant as his tenant.

The only question presented by the appeal is whether the notice which, the complaint alleges, the plaintiff gave to defendant to terminate her month-to-month tenancy is sufficient for that purpose. That it complies with the provisions of California law is not disputed, but defendant contends that it does not satisfy the requirements of the O. P. A. Rent Regulation for Housing (8 Fed. Register 7322) issued pursuant to the Emergency Price Control Act of 1942. We have already held that a complaint in unlawful detainer which does not show the service on the tenant of a notice sufficient to comply with that regulation fails to state a cause of action. (Lester v. Isaac (1944), 63 Cal.App.2dSupp. 851 [ 146 P.2d 524 ].)

The regulation above mentioned provides, in section 6(d) (1), that: “Every notice to a tenant to vacate or surrender possession of housing accommodations shall state the ground under this section upon which…