DEMURRER to Amended COMPLAINT
SF Superior Court - Real Property / Housing Dept 501 - CUD26682328 - July 28, 2026 Hearing date: July 28, 2026 Case number: CUD26682328 Case title: BUCHANAN PARTNERS, LLC VS. CATHERINE A. CHOW ET AL Case Number: | | CUD26682328 | Case Title: | | BUCHANAN PARTNERS, LLC VS. CATHERINE A. CHOW ET AL | Court Date: | | 2026-07-28 09:30 AM | Calendar Matter: | | DEMURRER to Amended COMPLAINT | Rulings: | | Real Property/Housing Court Law and Motion Calendar for July 28, 2026. Line 13.
DEFENDANT CATHERINE CHOW DEMURRER to Amended COMPLAINT is SUSTAINED without leave to amend. Notice is fatally defective. "The notice's purpose is to inform the tenant of the breach so the tenant can rationally choose whether to cure the breach and retain possession, quit the property, or contest the allegations." Eshagian v. Cepeda (2025) 112 Cal.App.5th 433, 457.
In addition to requiring specific information regarding how rent is to be paid, the notice "must be framed in the alternative, viz., pay the rent or quit, ... '[The statute] clearly requires that a notice first be given to the delinquent tenant... that in the event of the failure of the tenant to make payment of delinquent rent ... the plaintiff will exercise his right under the law to regain possession of the premises.' " Id at 458.
The Operative Notice directs the tenant to pay in 3 court days, or alternatively, to vacate in 3 days to avoid legal proceeding, therefore these inconsistent instructions failed to provide reasonable notice of the deadline by which the tenant needed to comply in order to avoid forfeiture and initiation of legal proceedings. =(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. | |
Looking for case law or statutes not cited here? Search published authorities
Examples: “Why did the court rule this way?” · “What were the procedural grounds?” · “Is appearance required?”