Hsieh

Hsieh v. Pederson

Good Law
23 Cal. App. Supp. 5th 1·232 Cal. Rptr. 3d 701
Superior Court of CaliforniaApril 10, 2018No. BV 032412California2,037 words

Opinion

lead Opinion

McKay, J.

*3 In this residential unlawful detainer matter, plaintiff Andy Hsieh timely appeals the judgment entered in favor of defendants Aaron Barrios and Jacqueline Mor after the trial court granted defendants' motion for judgment on the pleadings. We find meritorious plaintiff's contention that because he did not prematurely file the complaint, the trial court erred by granting defendants' motion for judgment on the pleadings.

BACKGROUND

On April 22, 2017, plaintiff personally served defendants with a 14-day notice to pay rent or quit (notice) 1 the premises *703 located at 412 E. 65th Street in Los Angeles, California 90003 (the premises). The notice indicated defendants owed past due rent in the amount of $8,400 for the months of January through April 2017, and instructed defendants how to make payment to the owner. The notice identified the owner as Andy Hsieh and Nicole Hsieh. The pertinent parts of the notice were as follows:

On May 10, 2017, plaintiff served defendants with an unlawful detainer complaint seeking restitution and possession of the premises. The pertinent *4 allegations of the complaint were that defendants were served on April 22, 2017, with a 14-day notice to…

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