JULIANA HILL VS. 735 TAYLOR I1, A DELAWARE LIMITED PARTNERSHIP ET AL

SF Superior Court - Real Property / Housing Dept 501 - CGC25623811 - May 6, 2026 Hearing date: May 6, 2026 Case number: CGC25623811 Case title: JULIANA HILL VS. 735 TAYLOR I1, A DELAWARE LIMITED PARTNERSHIP ET AL Case Number: | | CGC25623811 | Case Title: | | JULIANA HILL VS. 735 TAYLOR I1, A DELAWARE LIMITED PARTNERSHIP ET AL | Court Date: | | 2026-05-06 09:30 AM | Calendar Matter: | | DEFENDANTS DEMURRER | Rulings: | | Real Property/Housing Court Law and Motion Calendar for May 6, 2026. Line 3.2.

DEFENDANTS DEMURRER is SUSTAINED in part and OVERRULED in part.

Demurrer is sustained without leave to amend as to the 5th cause of action. Plaintiff agreed to withdraw this cause of action.

Demurrer is sustained with leave to amend (1) the cause of action for breach of contract for plaintiff to allege a cause of action for breach of warranty of habitability-contract as it appears to be the intended cause of action based on the opposition. Each element of this cause of action shall be factually supported as to each of the moving defendants;

Demurrer is overruled as to (1) the cause of action for negligent infliction of emotional distress. According to the notice of motion the demurrer to this cause of action is based solely on uncertainty. This claim is not uncertain; (2) as to the cause of action for breach of warranty of quiet enjoyment. Defendant does not point out to a statute upon which this cause of action is purportedly based, requiring specificity in allegation; (3) the cause of action for UCL violation. Cel-Tech Communications, Inc. v. Los Angeles Cellular Tel. Co. (1999) 20 Cal4th 163 does not stand for the proposition that " [plaintiff] must allege independent unlawful, unfair, or fraudulent practice." UCL borrows violations of other laws and treats them as unlawful practices that the unfair competition law makes independently actionable; (4) breach of warranty of habitability - tort. This cause of action is sufficiently stated and is not uncertain. =(501/CFH)

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