SADREDDIN HOSSEINI ET AL VS. AIRBNB, INC., A DELAWARE STOCK CORPORATION ET AL

Set for Law and Motion/Discovery Calendar on Thursday, July 23, 2026, Line 4.

2 - Defendant Airbnb, Inc.'s demurrer to all four causes of action in the complaint filed by plaintiffs Sadreddin Hosseini and Mitra Manzoori is overruled as to all four causes of action.

Airbnb's request for judicial notice of Exhibits A through H to the declaration of Dan McDowell is denied. Airbnb's request is not just to take judicial notice of the existence of these documents, but also to accept the truthfulness and its view of the meaning of those documents. That is not permitted on a demurrer and would effectively convert this demurrer into an evidentiary hearing which is beyond the scope of the demurrer procedure. (Fremont Indemnity Co. v. Fremont General Corp. (2007) 148 Cal. App. 4th 97, 112-115).

Plaintiffs have adequately alleged that their four claims are all wrongful death claims based on the wrongful death standing of the plaintiffs rather than a direct claim. The first few words of the complaint state that "This is a wrongful death action" and paragraphs 5-7 establish wrongful death standing. Paragraphs 98-102 and 105-113 adequately allege claims for negligent misrepresentation and fraud by intentional misrepresentation. Plaintiffs also adequately allege claims for negligence and premises liability, including alleging sufficient facts to support the imposition of a duty of care on Airbnb in the absence of a special relationship due to Airbnb's alleged creation or increasing the risk of injury or death to their son and that duty is not limited by consideration of either the Rowland foreseeability or policy factors.

For the 9:00 a.m. calendar, all attorneys and parties may appear in Department 302 remotely or in person. Remote hearings will be conducted by videoconference using Zoom. (Dept. 302 Zoom ID 160 409 7690; Passcode 516287.) To appear remotely at the hearing, go to the court's website at sfsuperiorcourt.org under "Online Services," navigate to "Tentative Rulings," and click on the appropriate link, or dial the corresponding phone number.

Any party who contests a tentative ruling must send an email to contestdept302tr@sftc.org with a copy to all other parties by 4pm stating, without argument, the portion(s) of the tentative ruling that the party contests. The subject line of the email shall include the line number, case name and case number. The text of the email shall include the name and contact information, including email address, of the attorney or party who will appear at the hearing.

Counsel for the prevailing party is required to prepare a proposed order which repeats verbatim the substantive portion of the tentative ruling and must email it to contestdept302tr@sftc.org prior to the hearing even if the tentative ruling is not contested.

The court no longer provides a court reporter in the Law & Motion Department. Parties may retain their own reporter, who may appear in the courtroom or remotely. A retained reporter must be a California certified court reporter (CSR), for only a CSR's transcript may be used in California courts. If a CSR is being retained, include in your email all of the following: their name, CSR and telephone numbers, and their individual work email address. =(302/HEK) | |