TROY REESE ET AL VS. MARTHA ALVAREZ ET AL

SF Superior Court - Real Property / Housing Dept 501 - CGC23605112 - August 5, 2026 Hearing date: August 5, 2026 Case number: CGC23605112 Case title: TROY REESE ET AL VS. MARTHA ALVAREZ ET AL Case Number: | | CGC23605112 | Case Title: | | TROY REESE ET AL VS. MARTHA ALVAREZ ET AL | Court Date: | | 2026-08-05 09:30 AM | Calendar Matter: | | TENTATIVE RULING CONTINUED---- | Rulings: | | Real Property/Housing Court Law and Motion Calendar for August 5, 2026. Line 1. TENTATIVE RULING CONTINUED----

The Court further notes that according to Rudd Supplemental Declaration, BALA was not engaged to represent the tenant "in asserting any compulsory or permissive cross-claims due both to our team's limited capacity and resources, as well as our lack of expertise in filing affirmative housing claims" apparently until sometime in October 2025 when a Senior Litigation Counsel was hired.

No explanation is provided why another counsel (not BALA) or tenant did not pursue a cross-complaint if BALA did not file one and "had no intention of doing so in the future." While Senior Litigation Counsel was hired in October 2025 there is no mention of any cross-complaint until March 2026, months after Plaintiff unsuccessfully attempted to set the case for a Trial De Novo in November 2025. See Kroner Declaration.

While the Court does not find bad faith under the standard provided in Silver Organizations Ltd. v. Frank (1990) 217 Cal.App.3d 94. It is hard so explain the 3-year delay in filing known claims with the Court and letting the case proceed to judgment, while simultaneously asserting related affirmative claims before the Rent Board (e.g. habitability).

The court finds lack of bad faith only due to the lack of bandwidth to proceed with affirmative litigation as this does not constitute ".. the conscious doing of a wrong because of dishonest purpose or moral obliquity..." Silver Organizations Ltd. v. Frank (1990) 217 Cal.App.3d 94, 100.

Prior to re-filing the motion, defendant shall resolve the closed discovery in the appropriate department. Defendant may also proceed with a non-compulsory claims in separate action(s). =(501/CFH)

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