MIHAL EMBERTON VS. SAN FRANCISCO CITY GOVERMENT

SF Superior Court - Real Property / Housing Dept 501 - CGC22601288 - January 9, 2026 Hearing date: January 9, 2026 Case number: CGC22601288 Case title: MIHAL EMBERTON VS. SAN FRANCISCO CITY GOVERMENT Case Number: | | CGC22601288 | Case Title: | | MIHAL EMBERTON VS. SAN FRANCISCO CITY GOVERMENT | Court Date: | | 2026-01-09 09:30 AM | Calendar Matter: | | DEMURRER to Amended COMPLAINT | Rulings: | | Real Property/Housing Court Law and Motion Calendar for January 9, 2026. Line 4.2. DEFENDANT CITY AND COUNTY OF SAN FRANCISCO DEMURRER to Amended COMPLAINTis SUSTAINED WITHOUT LEAVE TO AMEND in part, and OVERRULED in part.

As to the First, Second, Third, Fourth, and Fifth Causes of Action, the demurrer is SUSTAINED WITHOUT LEAVE TO AMEND. The City, as a public entity, is not subject to common law tort liability.

As to the Sixth Cause of Action, the demurrer is SUSTAINED WITHOUT LEAVE TO AMEND. Plaintiff has not stated a constitutionally protected interest that is implicated.

As to the Seventh Cause of Action, the demurrer is SUSTAINED WITHOUT LEAVE TO AMEND. This cause of action exceeds the scope of prior leave to amend, per the August 30, 2024 Order on the City's demurrer to the Fifth Amended Complaint.

As to the Eighth and Ninth Causes of Action, the demurrer is SUSTAINED WITHOUT LEAVE TO AMEND. These causes of action exceed the scope of leave to amend, per the August 27, 2025 Order on the City's demurrer to the Seventh Amended Complaint. Observation of conditions in public view does not constitute search or seizure within the meaning of the Fourth Amendment.

As to the Tenth, Eleventh, Twelfth, Thirteenth, and Fourteenth Causes of Action, the demurrer is OVERRULED. The City's demurrer does not address Plaintiff's stated interests in substantive and procedural due process, which are separate and distinct from Fourth Amendment interests.

As to the Fifteenth Cause of Action, the demurrer is SUSTAINED WITHOUT LEAVE TO AMEND. The stated facts do not support a claim that the City has intentionally treated Plaintiff differently from other similarly situated persons without any rational basis.

As to the Sixteenth and Seventeenth Causes of Action, the demurrer is OVERRULED. The City's demurrer does not address Plaintiff's stated interests in substantive and procedural due process, which are separate and distinct from Fourth Amendment interests.

As to the Eighteenth Cause of Action, the demurrer is SUSTAINED WITHOUT LEAVE TO AMEND. The City, as a public entity, is not subject to common law tort liability.

As to the Nineteenth and Twentieth Causes of Action, the demurrer is OVERRULED. The City's demurrer does not address Plaintiff's stated interests in substantive and procedural due process, which are separate and distinct from Fourth Amendment interests.