DEMURRER to Amended COMPLAINT
SF Superior Court - Real Property / Housing Dept 501 - CGC24618659 - June 24, 2026 Hearing date: June 24, 2026 Case number: CGC24618659 Case title: LIUDMILA NAUMIK VS. FLORA ANDREA AUGUSTIN ET AL Case Number: | | CGC24618659 | Case Title: | | LIUDMILA NAUMIK VS. FLORA ANDREA AUGUSTIN ET AL | Court Date: | | 2026-06-24 09:30 AM | Calendar Matter: | | DEMURRER to Amended COMPLAINT | Rulings: | | Real Property/Housing Court Law and Motion Calendar for June 24, 2026. Line 3.1.
CROSS DEFENDANT SERGIO LOPEZ RODRIQUEZ DBA SERGIO LOPEZ ROOFING DEMURRER to 1ST Amended COMPLAINT is OFF CALENDAR, moot at this time.
January 6, 2026 Order is Vacated. The order was obtained without a hearing. This process is reserved for matters where the Plaintiff is ignorant of the name of the Defendant as is outlined on the form ("Plaintiff being ignorant of the true name," "having discovered the true name."). In all other circumstances a hearing is required. Plaintiff may file a Motion for Leave to File a Doe Amendment.
In the meantime, the operative pleading in this action is the First Amended Complaint filed on August 15, 2025. It appears based on the filings by both parties, Plaintiff did not intend for the First Amended Complaint to name the moving party as a defendant at that time (Opposition 2:24-3:2). There is nothing properly before the Court indicating that Plaintiff is now (without a Doe Amendment) intends for the First Amended Complaint filed on August 15, 2025 to assert claims against the moving defendant. Plaintiff did not participate in the meet and confer process to clarify and explain her position.
If Plaintiff intends for the First Amended Complaint, as it is currently alleged, to be the operative pleading against the moving defendant, Plaintiff shall so indicate by filing and serving a declaration to that effect no later than June 30, 2026. Parties shall thereafter engage in meaningful meet and confer efforts over the phone or in-person no later than July 31, 2026 regarding any potential pleading challenge as to the First Amended Complaint. Thereafter, Defendant shall file a responsive pleading with the due date calculated based on the service of the declaration described above. If Plaintiff does not file a declaration as stated above, the moving party is not required to initiate meet and confer process, file any further response in this case, and is not required to participate in this action until further order of this Court. =(501/CFH)
Parties may appear in-person, telephonically or via Zoom (Video - Webinar ID: 160 560 5023; Password: 172849; or Phone Dial in: (669) 254-5252; Webinar ID: 160 560 5023; Password: 172849). Parties who intend to appear at the hearing must give notice to opposing parties and the court promptly, but no later than 4:00 p.m. the court day before the hearing unless the tentative ruling has specified that a hearing is required. Notice of contesting a tentative ruling shall be provided by sending an email to the court to Department501ContestTR@sftc.org with a copy to all other parties stating, without argument, the portion(s) of the tentative ruling that the party contests. A party may not argue at the hearing if the opposing party is not notified, and the opposing party does not appear. | |
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