DEMURRER to COMPLAINT
SF Superior Court - Real Property / Housing Dept 501 - CUD26682688 - July 31, 2026 Hearing date: July 31, 2026 Case number: CUD26682688 Case title: LO POST STREET LLC, A CALIFORNIA LIMITED LIABILTY VS. JOSHUA OWENS ET AL Case Number: | | CUD26682688 | Case Title: | | LO POST STREET LLC, A CALIFORNIA LIMITED LIABILTY VS. JOSHUA OWENS ET AL | Court Date: | | 2026-07-31 09:30 AM | Calendar Matter: | | DEMURRER to COMPLAINT | Rulings: | | Real Property/Housing Court Law and Motion Calendar for July 31, 2026. Line 12.1.
Defendant's Demurrer to Complaint is GRANTED with leave to amend for Plaintiff to either attach "A copy of any written lease or rental agreement regarding the premises" or properly allege any exception(s) under CCP 1166. Ex. 1 currently attached to the Complaint is NOT the written lease or rental agreement. It is a Notice of Change of Terms of Tenancy, which necessarily means that there was a preexisting tenancy that is being changed.
Plaintiff shall also allege that at least one of the grounds enumerated in SFRO 37.9(a) or (b) is its dominant motive for recovering possession. In opposition Plaintiff failed to point to any portion of the Complaint containing the phrase "dominant motive" or any similar language. =(501/CFH)
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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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