DEMURRER to COMPLAINT
SF Superior Court - Real Property / Housing Dept 501 - CUD26682218 - August 5, 2026 Hearing date: August 5, 2026 Case number: CUD26682218 Case title: NOEL ROJAS ET AL VS. EDINSON MONTANO ET AL Case Number: | | CUD26682218 | Case Title: | | NOEL ROJAS ET AL VS. EDINSON MONTANO ET AL | Court Date: | | 2026-08-05 09:30 AM | Calendar Matter: | | DEMURRER to COMPLAINT | Rulings: | | Real Property/Housing Court Law and Motion Calendar for August 5, 2026. Line 10.
Defendants' Demurrer to Complaint is OVERRULED, five days to answer. The Complaint is not so uncertain that Defendants cannot respond. A demurrer for uncertainty will be sustained only where the complaint is so bad that defendant cannot reasonably respond-i.e., defendant cannot reasonably determine what issues must be admitted or denied, or what counts or claims are directed against defendant. (Weil & Brown et al., Cal. Prac. Guide: Civ. Pro. Before Trial (The Rutter Group 2025) 7:85 (citing Khoury v. Maly's of Calif., Inc. (1993) 14 CA4th 612, 616; A.J. Fistes Corp. v. GDL Best Contractors, Inc. (2019) 38 CA5th 677, 695.) The error with the Complaint does not create an uncertainty to the extent that Defendants cannot reasonably respond.
This matter will be heard in Department 318 by the Honorable Christopher C. Hite at 1:30 p.m. per the order of the presiding judge. =(318/CCH)
Parties may appear in-person, or via Zoom (Meeting ID: 160 1140 0818 Passcode: 976491). 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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