De La Vara v. Municipal Court

Opinion

LILLIE, Acting P. J.

After the municipal court sustained general demurrer by Minoru Hori to the unlawful detainer complaint of Anthony and Connie De La Vara, the De La Varas petitioned the superior court for a writ of mandate compelling the municipal court to vacate the order and overrule the demurrer. Hori appeals from judgment granting the petition.

Hori frames the sole issue on appeal: “May a landlord state a cause of action in unlawful detainer for non-payment of rent without first alleging his performance of all conditions precedent required of him, including fulfillment of his…