CITY AND COUNTY OF SAN FRANCISCO ET AL VS. JACKSON & TAYLOR VENTURES, LLC; ET AL
DEMURRER to Amended CROSS COMPLAINT
Motion type
Causes of action
Parties
Ruling
Real Property/Housing Court Law and Motion Calendar for August 20, 2026. Line 2. CROSS DEFENDANT 660 PERALTA LLC, A CALIFORNIA LIMITED LIABILITY COMPANY, ALEX HAN DEMURRER to Amended CROSS COMPLAINT is SUSTAINED in part and OVERRULED in part.
Demurrer by Han to the cause of action for equitable indemnity is sustained with leave to amend for the cross-complainant to allege in good faith facts supporting its claim for equitable indemnity and allegations in paragraph 176 in light of exhibits attached to the TACC (e.g. NOV). This cause of action shall also be expressly alleged in the alternative as suggested in opposition.
Demurrer by Peralta and to the cause of action for declaratory relief is OVERRULED. This cause of action is sufficiently stated at least to the request for determination as to the lease assignment controversy.
Demurrer by Peralta to all other causes of action is SUSTAINED with final leave to amend. The Court has previously ruled that at this stage of the litigation the allegations of alter ego are not proper to state contract-based claims. Alter ego may be proper at a later stage, i.e. after judgment, but the Court is not making any rulings on that issue at this time. No further amendment on this issue is allowed. Alter ego allegations may do not need to be removed from the cross-complaint. See Reliant Life Shares, LLC v. Cooper (2023) 90 Cal.App.5th 14.
As to the assignment and agency theories, cross-complaint has final leave to amend to allege facts, not conclusions as to each element of these theories. Cross-Complainant shall have 30 days from notice of entry of order to file an amended cross-complaint. All amendments must be in bold font. =(501/SKF)
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. | |
Cited authorities
Looking for case law or statutes not cited here? Search published authorities
Ask about this ruling
Examples: “Why did the court rule this way?” · “What were the procedural grounds?” · “Is appearance required?”