What is the test for a demurrer in a notice to quit for failure to pay rent?

California, United States of America


The following excerpt is from ESA Mgmt., LLC v. Jacob, 278 Cal.Rptr.3d 482, 63 Cal.App.5th Supp. 1 (Cal. Super. 2021):

(See also Hinman v. Wagnon (1959) 172 Cal.App.2d 24, 341 P.2d 749 [Court of Appeal affirmed the trial court's order sustaining a demurrer without leave to amend and holding that plaintiff failed to state an unlawful detainer cause of action where the notice to quit for failure to pay rent was not framed in the alternative].)

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