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Hsieh v. Pederson

Superior Court of California, Appellate Division, Los Angeles

May 10, 2018

ANDY HSIEH, Plaintiff and Appellant,
v.
BURTON PEDERSON et al., Defendants and Respondents.

          Transfer Denied 5/8/18

          APPEAL from a judgment of the Superior Court of Los Angeles County, Central Trial Court, No. 17U04777 Lisa K. Sepe-Wiesenfeld, Judge. Reversed.

          Allen R. King of the Law Office of Allen R. King, Los Angeles, for plaintiff and appellant Andy Hsieh.

          No appearance for defendants and respondents.

          OPINION

          P. McKay, P. J.

         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 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:

         “YOU ARE HEREBY REQUIRED within FOURTEEN (14) days after service on you of this notice to pay the... rent in full to the owner of the premises, OR to QUIT AND SURRENDER POSSESSION OF THE PREMISES.

         “¶...¶

         “Make Check Payable to: Andy Hsieh

         “Pay Rent to: Andy Hsiesh

         “Address: 21725 Gateway Center Dr. ...


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