PAUL FRENKIEL ET AL VS. JO ELLEN GREEN KAISER ET AL

SF Superior Court - Real Property / Housing Dept 501 - CGC22602757 - November 14, 2025 Hearing date: November 14, 2025 Case number: CGC22602757 Case title: PAUL FRENKIEL ET AL VS. JO ELLEN GREEN KAISER ET AL Case Number: | | CGC22602757 | Case Title: | | PAUL FRENKIEL ET AL VS. JO ELLEN GREEN KAISER ET AL | Court Date: | | 2025-11-14 09:30 AM | Calendar Matter: | | DEMURRER to Amended COMPLAINT | Rulings: | | Real Property/Housing Court Law and Motion Calendar for November 14, 2025. Line 16. DEFENDANT JO ELLEN GREEN KAISER and DAVID ARAM KAISER, DEMURRER to Amended COMPLAINT.

The Court will treat this motion as a Motion to Strike. Based on the arguments made in the demurrer, as clarified in the Reply, 4:2-4, moving party seeks to address "the untrue allegations that Plaintiffs are the owners of the Property and are making a claim for damages to the property they do not own." None of the causes of action asserted in the operative complaint arise solely to the damages to real property. Plaintiffs also allege personal injury and loss of personal property.

The Court will grant the motion to strike, striking the untrue allegations that Plaintiffs are the owners of the Property (e.g. paragraph 29) and all references to damages to the real property. Motion is granted with leave to amend for each Plaintiff to allege standing in their individual capacity at the time (1) the original complaint was filed; and/or (2) at the time the amended complaint was filed; including facts showing that the statute of limitations has not run at that time.

To the extent Plaintiffs are making a request for leave to amend to add a new Plaintiff, the request is denied without prejudice to bring a motion for leave to amend. Plaintiff shall have 60 days to file an amended complaint. If Plaintiffs wish to add a new Plaintiff before an amended complaint pursuant to this ruling is filed, Plaintiff shall file and calendar their motion for leave to amend to be heard prior to the expiration of 60 days.

Defendant's Request for Judicial Notice of Ex. A is granted re: legal effect of the document. Defendants' Request for Judicial Notice of Ex. B is GRANTED as to the existence of the document. =(501/REQ)

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. | |