DEMURRER to Amended COMPLAINT
SF Superior Court - Real Property / Housing Dept 501 - CGC21594363 - May 14, 2026 Hearing date: May 14, 2026 Case number: CGC21594363 Case title: RASA VITILIA ET AL VS. CARLYCE INGRAM ET AL Case Number: | | CGC21594363 | Case Title: | | RASA VITILIA ET AL VS. CARLYCE INGRAM ET AL | Court Date: | | 2026-05-14 09:30 AM | Calendar Matter: | | DEMURRER to Amended COMPLAINT | Rulings: | | On the Real Property / Housing motion calendar for May 14, 2026, line 1.
Defendants Karen Coppock and Covia Affordable Communities' Demurrer to Amended Complaint is SUSTAINED WITH AND WITHOUT LEAVE TO AMEND.
The First Cause of Action for Negligence as against Coppock is sustained with leave to amend. Plaintiff must allege facts establishing that an agency relationship existed between the owner of the property and Karen Coppock, or facts supporting that Coppock was the owner's property manager. Plaintiffs' allegations that Coppock "informed" Plaintiffs they were Plaintiffs' property manager is not sufficient on its own.
The Eighth Cause of Action for Violation of S.F. Admin. Code Ch. 37 as against Coppock is sustained without leave to amend. Plaintiff was previously provided leave to allege facts in support of the conclusion that Plaintiffs are tenants. Plaintiffs' reliance on the duration of Plaintiffs' tenancy to establish Plaintiffs as "tenants" under the Rent Ordinance is not supported by law. (See, 640 Octavia, LLC v. Pieper (2023) 93 Cal.App.5th 1181, 1195-1196; Danger Panda, LLC v. Launiu (2017) 10 Cal.App.5th 502, 513.)
Covia Affordable Communities has been dismissed as of May 1, 2026. =(501/CFH)
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