JENNIFER GILOMEN ET AL VS. BRIAN D. SEDAR ET AL

Real Property/Housing Court Law and Motion Calendar for August 20, 2026. Line 4. DEFENDANT FRANK NOLAN, ANDREW WARREN, VANGUARD PROPERTIES, INC. DEMURRER to COMPLAINT is SUSTAINED in part and OVERRULED in part.

Demurrer to the cause of action for construction negligence is sustained without leave to amend. Non-opposition filed.

Demurrer to the fraud-based causes of action (1, 2, 6 and 8) is sustained with leave to amend to allege facts in support of each cause of action as to each moving defendant with requisite particularity.

Demurrer to the cause of action for negligence is sustained with leave to amend to allege facts giving rise to duty (e.g. Rowland v. Christian (1968) 69 Cal.2d 108 factors) and to state a legally cognizable duty owed.

Demurrer to the statute-based causes of action is sustained with leave to amend to allege knowledge.

Demurrer is sustained with leave to amend as to the UCL claim to state the basis for the claim and to specify the injunction sought.

Demurrer is sustained with leave to amend as to the IIED cause of action to allege facts giving rise to recovery for emotional distress as to the moving defendants. Erlich v. Menezes (1999) 21 Cal.4th 543.

Demurrer based on the waiver argument is overruled. Moving party failed to show, based on the allegations in the complaint, that the waiver clause has been triggered.

Plaintiffs shall have 10 days from notice of entry of order to amend. All amendments shall 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. | |