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CGC21591090·sf·Civil·Real Property/Housing
Hearing 8 months agoSUSTAINED in part and OVERRULED in part.

NANCY FUNG VS. WHADOW INVESTMENTS LLC ET AL

DEMURRER to Amended COMPLAINT

Hearing date
Dec 16, 2025
Department
501
Prevailing
Mixed

Motion type

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Causes of action

Parties

PlaintiffNANCY FUNG
DefendantWHADOW INVESTMENTS LLC

Ruling

SF Superior Court - Real Property / Housing Dept 501 - CGC21591090 - December 16, 2025 Hearing date: December 16, 2025 Case number: CGC21591090 Case title: NANCY FUNG VS. WHADOW INVESTMENTS LLC ET AL Case Number: | | CGC21591090 | Case Title: | | NANCY FUNG VS. WHADOW INVESTMENTS LLC ET AL | Court Date: | | 2025-12-16 09:30 AM | Calendar Matter: | | DEMURRER to Amended COMPLAINT | Rulings: | | Real Property/Housing Court Law and Motion Calendar for December 16, 2025. Line 1.2.

DEFENDANT WHADOW INVESTMENTS LLC DEMURRER to Amended COMPLAINT; is SUSTAINED in part and OVERRULED in part. The Court notes that the operative contract (Stipulation) is not attached to the Second Amended Complaint. Defendant's Request for Judicial Notice is Granted.

Demurrer is SUSTAINED with leave to amend as to the causes of action for breach of contract and breach of covenant of good faith and fair dealing for plaintiff to specify the breached contractual clause. Demurrer is sustained with leave to amend as to the cause of action for fraud for Plaintiff to allege facts, not conclusions, in support of this cause of action. The Court notes that opposition references concealment, fraud in the inducement and non-disclosure. To the extent Plaintiff wishes to assert all of these, Plaintiff has leave to do so, and has to allege facts in support of each element of these claims.

Demurer to the cause of action for conversion is overruled. This cause of action is sufficiently stated. =(501/CFH)

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 notified, and the opposing party does not appear. | |

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