GREAT OCEAN DEVELOPMENT LLC ET AL VS. MARY TRAN ET AL

SF Superior Court - Real Property / Housing Dept 501 - CGC25631956 - June 15, 2026 Hearing date: June 15, 2026 Case number: CGC25631956 Case title: GREAT OCEAN DEVELOPMENT LLC ET AL VS. MARY TRAN ET AL Case Number: | | CGC25631956 | Case Title: | | GREAT OCEAN DEVELOPMENT LLC ET AL VS. MARY TRAN ET AL | Court Date: | | 2026-06-15 09:30 AM | Calendar Matter: | | DEMURRER to Amended COMPLAINT | Rulings: | | Real Property/Housing Court Law and Motion Calendar for June 15, 2026. Line 5.

Defendant's Demurrer to Complaint is SUSTAINED with and without leave to amend.

The First Cause of Action for Violation of Fin. Code section 22750 is sustained without leave to amend. Based on Lagrisola v. North American Financial Corp. (2023) 96 Cal.App.5th 1178, 1195-1198, the Court does not believe that section 22750 provides for a private right of action. Plaintiff failed to address Lagrisola in the opposition, and does not provide any authority to state otherwise.

With respect to whether this loan at issue was a consumer loan or a commercial loan, the Court does not reach this question on demurrer. (Weber v. Langholz (1995) 39 Cal.App.4th 1578, 1583, citing Thorns v. Sundance Properties (9th Cir. 1984) 726 F.2d 1417, 1419 [listing factors the court must consider in determining whether, as a matter of law, a loan is for personal, family, or household purposes or for business or commercial purposes.].)

The Second Cause of Action for Usuary is overruled. Whether the loan payments and additional payments constitute usuary sums, or whether Defendant has a pre-existing relationship with Plaintiff, are not an appropriate determinations on demurrer.

The Third Cause of Action for Violation of Business and Professions Code section 17200 is overruled. The Complaint alleges an economic injury. (Para's 47-49.) In addition, while Fin. Code section 22750 does not provide a private right of action, violation of section 22750 may serve as the predicate unlawful act for a claim under the UCL, which does provide a private right of action. Giving the Complaint a reasonable interpretation and reading it as a whole and its parts in their context, Plaintiff has stated a cause of action under the UCL based on violation of section 22750.