HERRINGBONE TAVERN, INC. VS. CITY AND COUNTY OF SAN FRANCISCO ET AL

SF Superior Court - Real Property / Housing Dept 501 - CGC24614770 - May 13, 2026 Hearing date: May 13, 2026 Case number: CGC24614770 Case title: HERRINGBONE TAVERN, INC. VS. CITY AND COUNTY OF SAN FRANCISCO ET AL Case Number: | | CGC24614770 | Case Title: | | HERRINGBONE TAVERN, INC. VS. CITY AND COUNTY OF SAN FRANCISCO ET AL | Court Date: | | 2026-05-13 09:30 AM | Calendar Matter: | | DEMURRER to Amended COMPLAINT | Rulings: | | On the Real Property / Housing motion calendar for May 13, 2026, line 1.

Defendant City and County of San Francisco's Demurrer to Amended Complaint is OVERRULED, in part, and SUSTAINED WITHOUT LEAVE TO AMEND, in part. The untimely opposition is stricken. The Court notes that this is the third time that Plaintiff's opposition has been filed late and without leave of court.

The First Cause of Action for Breach of Contract and the Second Cause of Action for Breach of Contract and Breach of the Covenant of Good Faith and Fair Dealing is overruled. The Third Cause of Action for Unjust Enrichment is sustained without leave to amend. (See Lloyd v. Williams (1964) 227 Cal.App.2d 646, 649.) The Fourth Cause of Action for Public Nuisance and the Fifth Cause of Action for Private Nuisance is overruled. The Sixth Cause of Action for Inverse Condemnation is sustained without leave to amend. (County of Ventura v. Channel Islands Marina, Inc. (2008) 159 Cal.App.4th 615.)

Defendant's argument that the First through Fifth causes of action should be sustained without leave to amend on account of the untimely Government Claim cannot be considered on demurrer as it was not raised in the prior demurrer. (Code of Civil Procedure, Sec. 430.41(b).) =(501/CFH)

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