1 CHRISTOPHER M.

FOSHEE
3134 WRIGHT STREET
2 SACRAMENTO, CA 95821
3 Defendant In Pro Per.
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8 SUPERIOR COURT OF THE STATE OF CALIFORNIA
9 FOR THE COUNTY OF SACRAMENTO
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11 Case No: 23UD01132
12 MICHAEL T. BUTLER,
NOTICE OF DEMURRER AND DEMURRER
13 Plaintiff, TO COMPLAINT; MEMORANDUM OF POINTS
AND AUTHORITIES IN SUPPORT OF DEMURRER
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HEARING: 04/03/2023 - 8:15AM - DEPT 88
15 CHRISTOPHER M. FOSHEE,
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COMPLAINT FILED 01/20/2023
16 Defendant.

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18 TO: ALL PARTIES AND THEIR ATTORNEYS OF RECORD, PLEASE TAKE
19 NOTICE, that as soon as the matter may be heard, in Department 88 of the Superior Court,
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County of Sacramento, CHRISTOPHER M. FOSHEE (Defendant) will and hereby move the
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Court for an order sustaining a general demurrer to the complaint filed by MICHAEL T.
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23 BUTLER (Plaintiff) without leave to amend.
24 This demurrer is made pursuant to Code of Civil Procedure §1170 on the grounds that the
25 three-day notice served on Defendant on December 14, 2022, is defective as it does not contain
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the information required by Code of Civil Procedure §1161(2, and further that the three-day
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 1 notice overstates the amount due, and includes charges other than rent. Therefore, it is fatally
2 defective and will not support an unlawful detainer action.
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This demurrer is based upon this notice of demurrer, the attached demurrer, the memorandum
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of points and authorities, and upon such oral and documentary evidence as may be presented by
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6 Defendant upon the hearing of the demurrer.
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15 Dated: February 27, 2023 CHRISTOPHER M. FOSHEE
Defendant In Pro Per.
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 1 MEMORANDUM OF POINTS AND AUTHORITES
2 STATEMENT OF FACTS

3 In July 2021, Defendant has leased a residential home owned by Plaintiff and managed by
4 Capital Property Management. The terms were a 12 month lease agreement and a $1,850.00
5 monthly rate payable on the 1st of each month.
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Due to the COVID 19 Pandemic and subsequent issues related to the economic shutdown,
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Defendant was layed off by his employer and fell behind in his monthly rent. This caused the
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Plaintiff to file a complaint for unlawful detainer.(22UD0227.)
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Defendant applied with the SHRA emergency rent relief program and was able to secure the
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funds to bring the past due rent current and was waiting for additional funds to be released.
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12 On 2/14/2022, Defendant was served a three-day notice to pay or quit. However, the notice

13 was in the amount of $2005.00 and outlined late fees of $111.00 from 06/01/2022 to 09/01/2022,
14 a partial late fee of $11.00 for 05/01/2022 and legal eviction fees of $1550.00. No where in the
15 notice does it state amounts for past rent.
16 On 01/20/2023, Plaintiff filed a suit against Defendant alleging unlawful detainer. In the
17 the complaint it states that the three-day notice was for back rent in the amount of $1,850.00
18 which contradicts the information on the notice. Based on the aforementioned, Defendant elects
19 to demurrer the complaint filed by the plaintiff.
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DEMURRER TO PLAINTIFF’S COMPLAINT
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22 Defendant) hereby generally demurs to the unlawful detainer complaint filed by Plaintiff

23 This Demurrer is made pursuant to Code of Civil Procedure §1170. “On or before the day fixed
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or their appearance, the Defendant may appear and answer or demur.“ Code of Civil Procedure
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§430.10
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 1 “The party against whom a complaint or cross-complaint has been filed may object, by demurrer
2 or answer as provided in Code of Civil Procedure §430.10 to the pleading on the following
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grounds
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5 FIRST GROUND FOR DEMURRER
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Code of Civil Procedure § 1161(2). Defendant generally demurs to the unlawful detainer
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complaint filed by Plaintiff on the grounds that the three-day notice alleged in the complaint fails
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9 to state the amount of rent due and includes other amounts such as a late charges and eviction
10 fees. Thus, it is fatally defective and will not support an unlawful detainer action. Further, the
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complaint on its face fails to state a cause of action in unlawful detainer based on non-payment of
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rent, or any other cause of action in unlawful detainer.
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14 SECOUND GROUND FOR DEMURRER
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Code of Civil Procedure § 1161(c)(3) Defendant generally demurs to the unlawful detainer
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complaint filed by Plaintiff on the grounds that the three-day notice alleged in the complaint does
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18 not contain the information required by, as it fails to describe with specificity the particular
19 conditions or financial covenants alleged to have been violated, thus it is fatally defective and
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will not support an unlawful detainer action.
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22 CONCLUSION

23 Plaintiff’s Complaint fails to state a cause of action due to Plaintiff’s failure to comply with
24 the requirements of California Code of Civil Procedure §1161. Because the defect is in the
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notice, Plaintiff cannot amend the Complaint to state a cause of action. As such, Defendant
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respectfully request that this Demurrer be sustained pursuant to California Code of Civil
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Dated: February 27, 2023 ___________________________________________
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CHRISTOPHER M. FOSHEE
9 Defendant In Pro Per.

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