Swords to Plowshares v. Smith

ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT’S MOTION TO DISMISS

INTRODUCTION

Before the Court is a motion to dismiss for failure to state a claim pursuant to Federal Rules of Civil Procedure 12(b)(6) brought by Defendant Samuel G. Smith (“Defendant”). The motion requires the Court to determine (1) whether Plaintiff Swords to Plowshares (“Plaintiff’) complied with the appropriate eviction notice requirements; (2) whether the eviction notices were sufficiently detailed to put Defendant on notice of the allegations against him; and (3) whether the eviction notice based on nuisance pled the requisite elements of nuisance. Having read and considered the papers, and having heard the parties at oral argument, the Court GRANTS IN PART and DENIES IN PART Defendant’s motion.

FACTUAL BACKGROUND

Plaintiff, a non-profit California corporation which provides housing to low income veterans like Defendant, instituted the instant eviction proceeding against Defendant who, according to the First Amended Complaint (“FAC”), became delinquent in the payment of rent and has engaged in behavior that threatens the safety of other tenants and their comfort in and enjoyment of the property in…