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Demurrer Overruled

Brian Carter successfully opposed a demurrer by a tenant in the firm’s client’s unlawful detainer case. Tenant held over after the expiration of the lease’s fixed term, and then demurred to the UD complaint on the grounds that no notice to quit had preceded the filing of the complaint. However, no notice to quit is required under Code of Civil Procedure, section 1161, subdivision 1, in such circumstances. The court so ruled when overruling the tenant/defendant’s demurrer.