SARAH LEWIS VS. KENNETH RUNYON ET AL

SF Superior Court - Real Property / Housing Dept 501 - CGC23610891 - May 19, 2026 Hearing date: May 19, 2026 Case number: CGC23610891 Case title: SARAH LEWIS VS. KENNETH RUNYON ET AL Case Number: | | CGC23610891 | Case Title: | | SARAH LEWIS VS. KENNETH RUNYON ET AL | Court Date: | | 2026-05-19 09:30 AM | Calendar Matter: | | DEMURRER | Rulings: | | Real Property/Housing Court Law and Motion Calendar for May 19, 2026. Line 4.2.

DEFENDANT LUIS MAGALLON DEMURRER is OVERRULED in part, and SUSTAINED with and without leave to amend.

The First Cause of Action for Tenant Harassment under SF Admin. Code section 37.10B is overruled. (Suppl. Complaint, paras. 8-9.) Subdivision (c)(5) of section 37.10B, expressly extends liability to "any person" who aids or incites a violation of this section.

The Second Cause of Action for Constructive Eviction is sustained without leave to amend. Defendant is not Plaintiff's landlord nor does she allege that Defendant is the landlord's agent.

The Third Cause of Action for Retaliation under Civil Code 1942.5 is sustained without leave to amend. Civil Code section 1942.5 does not expressly create liability for aiders and abettors of retaliatory conduct. The statute's civil liability provision is limited to "any lessor or agent of a lessor" who violates the statute, and Plaintiff does not allege that Magallon is an agent of the lessor. Second, although a third party who assists in retaliatory conduct may potentially face liability through California's general civil aiding-and-abetting doctrine, none of the allegations alleged in the Supplemental Complaint amount to retaliatory conduct. Plaintiff's claims of Magallon not paying rent on his mother's behalf, evading service, and funding other litigation is not retaliatory conduct under section 1942.5.

The Fifth Cause of Action for Breach of Covenant of Quiet Enjoyment is sustained without leave to amend. Liability for a claim for Breach of the Covenant of Quiet Enjoyment attaches for any acts or omissions of the landlord, or anyone claiming under the landlord, which substantially interfere with a tenant's right to use and enjoy the premises for the purposes contemplated by the tenancy. (Andrews v. Mobile Aire Estates (2005) 125 Cal.App.4th 578, 588-591.) Defendant is not Plaintiff's co-tenant, landlord nor does she allege that Defendant is the landlord's agent. =(501/DWH)

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).