ERIK GAENSLER VS. STACEY SMITH ET AL

Real Property/Housing Court Law and Motion Calendar for April 3, 2026. Line 6. DEFENDANT STACEY SMITH AN INDIIVIDUAL, MICHAEL MAHER DEMURRER to Amended COMPLAINT is OVERRULED. The First Amended Complaint sufficiently alleges Plaintiff's legal capacity to sue and there is no defect or misjoinder of parties apparent from the face of the pleading. Defendants' Request for Judicial Notice is denied. Although Defendants state that they do not ask the Court to take judicial notice of the truth of the contents of their prior motion for summary judgment, Defendants rely on the facts asserted in these filings as the basis for their demurrer to the First Amended Complaint.

This is improper. =(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 so notified, and the opposing party does not appear. | |