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25CV110665·alameda·Civil·Contract
Hearing about 2 months agoSustained with Leave to Amend

LINGAM vs LORD TENNYSON VOA AFFORDABLE HOUSING LP, et al.

Demurrer to Cross-Complaint

Hearing date
Jul 9, 2026
Department
24
Prevailing
Moving Party

Motion type

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Causes of action

Parties

PlaintiffLINGAM
DefendantLORD TENNYSON VOA AFFORDABLE HOUSING LP
Cross-DefendantFFAH V LORD TENNYSON APARTMENTS, LLC
Cross-DefendantFOUNDATION FOR AFFORDABLE HOUSING V, INC.
Cross-DefendantTENNYSON PRESERVATION ASSOCIATES LP

Ruling

25CV110665: LINGAM vs LORD TENNYSON VOA AFFORDABLE HOUSING LP, et al. 07/09/2026 Hearing on Demurrer NOTICE OF DEMURRER AND DEMURRER OF CROSS-DEFENDANTS FFAH V LORD TENNYSON APARTMENTS, LLC; FOUNDATION FOR AFFORDABLE HOUSING V, INC.; AND TENNYSON PRESERVATION ASSOCIATES LP; MEMORANDUM OF POINTS AND AUTHORITIES; filed by FFAH V Lord Tennyson Apartments... CRS# 697500714507 in Department 24

Tentative Ruling - 07/06/2026 Rebekah Evenson

The Demurrer filed by FFAH V Lord Tennyson Apartments, LLC, Tennyson Preservation Associates LP, Foundation for Affordable Housing V, Inc. on 04/29/2026 is Sustained with Leave to Amend.

The Court rules as follows on the Demurrer to the Cross-Complaint of Lord Tennyson VOA Affordable Housing LP (“LT”) by Cross-Defendants FFAH V Lord Tennyson Apartments LLC, Foundation for Affordable Housing Inc., and Tennyson Preservation Associates LP:

LT has filed a Judicial Council Cross-Complaint that simply checks several boxes but is completely devoid of any facts suggesting why any Cross-Defendants (either the sole Cross- Defendant named in the caption of the Cross-Complaint or the two Cross-Defendants who were later named by a Doe Amendment) are liable for any of the causes of action for which LT checked the boxes.

The demurer to the First Cause of Action for Indemnification is SUSTAINED, WITH LEAVE TO AMEND to allege facts showing what each of the named Cross-Defendants did that caused damage to or gave rise to liability on the part of LT, such that Cross-Defendants should be required to indemnify LT for any claimed damage or liability it faces.

The demurrer to the Second Cause of Action for Apportionment of Fault is SUSTAINED, WITH LEAVE TO AMEND to allege facts demonstrating why each of the named Cross-Defendants should be required to pay Plaintiff some portion of any judgment Plaintiff may obtain against LT.

The demurrer to the Third Cause of Action for Declaratory Relief is SUSTAINED, WITH LEAVE TO AMEND to identify the controversy (or contract, if applicable) for which declaratory relief is necessary. The Third Cause of Action, as currently pled, is entirely blank with no indication of what contention is disputed.

The Court will prepare the order. Cross-Defendants shall serve Notice of Entry of Order on LT. LT shall have 7 days to amend, running from service of Notice of Entry of Order on LT by Cross-Defendants. Cross-Defendants shall have 7 days thereafter to respond.

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