D.R. STEPHENS INDUSTRIAL PARTNERS, LLC, A VS. THERANOVA, L.L.C., A CALIFORNIA LIMITED LIABILITY ET AL

SF Superior Court - Real Property / Housing Dept 501 - CGC24615295 - February 23, 2026 Hearing date: February 23, 2026 Case number: CGC24615295 Case title: D.R. STEPHENS INDUSTRIAL PARTNERS, LLC, A VS. THERANOVA, L.L.C., A CALIFORNIA LIMITED LIABILITY ET AL Case Number: | | CGC24615295 | Case Title: | | D.R. STEPHENS INDUSTRIAL PARTNERS, LLC, A VS. THERANOVA, L.L.C., A CALIFORNIA LIMITED LIABILITY ET AL | Court Date: | | 2026-02-23 09:30 AM | Calendar Matter: | | DEMURRER to Amended CROSS COMPLAINT | Rulings: | | Real Property/Housing Court Law and Motion Calendar for February 23, 2026. Line 4.

CROSS DEFENDANT D.R. STEPHENS INDUSTRIAL PARTNERS, LLC, A CALIFORNIA LIMITED LIABILITY CORPORATION DEMURRER to Amended CROSS COMPLAINT is SUSTAINED with final leave to amend.

Cross-Complaint shall allege damages caused by the alleged breach of the lease that are not barred by the liability limitation provision. Damages currently alleged are not caused by the alleged breach (e.g. “the costs of moving its business operations elsewhere” would have been incurred even if the landlord agreed to modify the lease so “that [tenant] could keep its administrative operations at the Property but move its manufacturing elsewhere.”) and are barred by the limitation of liability provision (e.g. the alleged damages: “attorneys' fees and costs associated with attempting to negotiate with DR Stephens and ameliorate DR Stephens' unwillingness to honor the terms of the Lease” are akin to the damages (being “forced to defend DR Stephens' lawsuit.”) that the Court has previously found are subject to the limitation.)

Cross-Complaint shall use all of the Court's prior decisions as a guideline for alleging recoverable damages, if any, stemming from the alleged breach and not subject to the limitation.

Cross-Complaint shall also allege an independent wrongful act. The allegations purporting to support the improper demand for improper “key money” do not support this element of the claims for intentional or negligent interference with prospective economic advantage. =(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. | |