Katsh v. Murphy
Stuart D. Katsh (Plaintiff) seeks to recover possession of leased premises from his tenants, Laura L. Murphy and Steve Kravac (Defendants). He has served a series of notices and commenced several actions in his effort to recover possession. He commenced the present action as a limited civil action for unlawful detainer, and later filed an amended complaint reclassifying the action as an unlimited civil action. He appeals a judgment of dismissal after the sustaining of a demurrer without leave to amend, and also challenges several postjudgment orders. Court conclude that the sustaining of the demurrer was proper, but Plaintiff is entitled to leave to amend the complaint to allege counts for unlawful detainer and ejectment based on the alleged violation of a use restriction in the lease.
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