LUOJIAN CHEN VS. JUAN MIRANDA ET AL
Case Information
Motion(s)
Demurrer to Complaint
Motion Type Tags
Demurrer
Parties
- Plaintiff: LUOJIAN CHEN
- Defendant: JUAN MIRANDA
- Defendant: EDGAR MIRANDA
Ruling
SF Superior Court - Real Property / Housing Dept 501 - CUD26681653 - May 6, 2026 Hearing date: May 6, 2026 Case number: CUD26681653 Case title: LUOJIAN CHEN VS. JUAN MIRANDA ET AL Case Number: | | CUD26681653 | Case Title: | | LUOJIAN CHEN VS. JUAN MIRANDA ET AL | Court Date: | | 2026-05-06 09:30 AM | Calendar Matter: | | REAL PROPERTY/HOUSING MOTIONS CALENDAR | Rulings: | | Real Property/Housing Court Law and Motion Calendar for May 6, 2026. Line 12. DEFENDANT JUAN MIRANDA, EDGAR MIRANDA DEMURRER to COMPLAINT is OVERRULED, 5 days to answer from notice of entry of order.
Based on Defendants' argument in opposition, Defendants concede that the notice declaration signed pursuant to 28 USC 1746 would have been proper had this action eventually been filed in federal court. Defendants provide no authority standing for the proposition that the elements of a specific cause of action may vary depending on whether the action is filed in state court or federal court.
This matter will be heard in department 505 by the Honorable Michelle Tong at 1:30 p.m. per the order of the presiding judge. =(505/MT) Parties may appear in-person, or via Zoom Video Conference (Meeting ID: 160 4132 4666 Passcode: 872834).
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. | |