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CGC23609401·sf·Civil·Civil
Hearing 8 months agoThe individual defendants' demurrer to the third cause of action for Breach of Duty -- Davis-Stirling Act Requirements is sustained without leave to amend and the Association's demurrer to the ninth cause of action for Declaratory Relief -- Assessments is overruled.

J. DENNIS BONNEY VS. 1810 JACKSON STREET, A CONDOMINIUM ET AL

DEMURRER to Amended COMPLAINT

Hearing date
Dec 29, 2025
Department
301
Judge
Prevailing
Mixed

Motion type

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Causes of action

Parties

PlaintiffJ. DENNIS BONNEY
Defendant1810 JACKSON STREET, A CONDOMINIUM
DefendantTIMOTHY GEE
DefendantJ. HAYES
DefendantMARTI JIMENA
Defendant1810 JACKSON STREET HOMEOWNERS ASSOCIATION

Ruling

SF Superior Court - Law & Motion / Discovery Dept 301 - CGC23609401 - December 29, 2025 Hearing date: December 29, 2025 Case number: CGC23609401 Case title: J. DENNIS BONNEY VS. 1810 JACKSON STREET, A CONDOMINIUM ET AL Case Number: | | CGC23609401 | Case Title: | | J. DENNIS BONNEY VS. 1810 JACKSON STREET, A CONDOMINIUM ET AL | Court Date: | | 2025-12-29 09:00 AM | Calendar Matter: | | DEMURRER to Amended COMPLAINT | Rulings: | | On the Law & Motion/Discovery calendar for Monday, December 29, 2025, Line 3, 2. DEFENDANTS TIMOTHY GEE, AN INDIVIDUAL, J. HAYES, MARTI JIMENA, 1810 JACKSON STREET HOMEOWNERS ASSOCIATION'S,DEMURRER TO AMENDED COMPLAINT.

The individual defendants' demurrer to the third cause of action for "Breach of Duty -- Davis-Stirling Act Requirements" in the second amended complaint is sustained without leave to amend and the Association's demurrer to the ninth cause of action for "Declaratory Relief -- Assessments" in the second amended complaint is overruled.

The Davis-Stirling Act does not impose any requirements on individuals to respond to document requests. The second amended complaint does not disclose on its face that the ninth cause of action is time-barred.

For the 9:00 a.m. calendar, all attorneys and parties may appear in Department 301 remotely or in person. Remote hearings will be conducted by videoconference using Zoom. (Dept. 301 Zoom ID 161 502 4290; Passcode 700956.) To appear remotely at the hearing, go to the court's website at sfsuperiorcourt.org under "Online Services," navigate to "Tentative Rulings," and click on the appropriate link, or dial the corresponding phone number.

Any party who contests a tentative ruling must send an email to contestdept301tr@sftc.org with a copy to all other parties by 4pm stating, without argument, the portion(s) of the tentative ruling that the party contests. The subject line of the email shall include the line number, case name and case number. The text of the email shall include the name and contact information, including email address, of the attorney or party who will appear at the hearing.

Counsel for the prevailing party is required to prepare a proposed order which repeats verbatim the substantive portion of the tentative ruling and must email it to contestdept301tr@sftc.org prior to the hearing even if the tentative ruling is not contested.

The court no longer provides a court reporter in the Law & Motion or Discovery Department. Parties may retain their own reporter, who may appear in the courtroom or remotely. A retained reporter must be a California certified court reporter (CSR), for only a CSR's transcript may be used in California courts. If a CSR is being retained, include in your email all of the following: their name, CSR and telephone numbers, and their individual work email address. =(301/HEK) | |

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