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CGC25626224·sf·Civil·Real Property
Hearing about 2 months agoOVERRULED, 10 days to answer.

FREDRIC VINNA VS. YAN HONG-HEIM ET AL

DEMURRER to COMPLAINT

Hearing date
Jul 10, 2026
Department
501
Prevailing
Plaintiff

Motion type

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Parties

PlaintiffFREDRIC VINNA
DefendantYAN HONG-HEIM
DefendantMODERN ART CONSTRUCTION

Ruling

SF Superior Court - Real Property / Housing Dept 501 - CGC25626224 - July 10, 2026 Hearing date: July 10, 2026 Case number: CGC25626224 Case title: FREDRIC VINNA VS. YAN HONG-HEIM ET AL Case Number: | | CGC25626224 | Case Title: | | FREDRIC VINNA VS. YAN HONG-HEIM ET AL | Court Date: | | 2026-07-10 09:30 AM | Calendar Matter: | | DEMURRER to COMPLAINT | Rulings: | | Real Property/Housing Court Law and Motion Calendar for July 10, 2026. Line 2.

DEFENDANT MODERN ART CONSTRUCTION DEMURRER to COMPLAINT is OVERRULED, 10 days to answer. The first cause of action against the moving defendant is sufficiently stated and is not barred by the statute of limitations or repose. Assuming, and without so holding, that the "completed and accepted" doctrine is applicable, the moving party improperly raised factual disputes re: patent vs. latent defect and reasonableness of inspection. Factual disputes are not appropriate on a demurrer and to be decided by a trier of fact, not a judge on a motion. =(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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