THOMAS J. LINEHAN JR. VS. SEAN NGHIA KHA ET AL

SF Superior Court - Real Property / Housing Dept 501 - CGC25627668 - November 24, 2025 Hearing date: November 24, 2025 Case number: CGC25627668 Case title: THOMAS J. LINEHAN JR. VS. SEAN NGHIA KHA ET AL Case Number: | | CGC25627668 | Case Title: | | THOMAS J. LINEHAN JR. VS. SEAN NGHIA KHA ET AL | Court Date: | | 2025-11-24 09:30 AM | Calendar Matter: | | DEMURRER to COMPLAINT | Rulings: | | Real Property/Housing Court Law and Motion Calendar for November 24, 2025. Line 5. DEFENDANT SEAN KHA DEMURRER to COMPLAINT

Defendant's Sean Kah's demurrer to the First through Fifth Causes of Action is Sustained in Part and Overruled in part.

Defendant's demurrer as to the Third Cause of Action for unjust enrichment is SUSTAINED with leave to amend. Unjust enrichment is a remedy. The Third Cause of Action does not otherwise state a claim.

Defendant's demurrer to the First, Second, Fourth and Fifth Causes of action are OVERRULED because the demurrer does not dispose of the entire claim. (See E.g. Elder v. Pacific Bell Telephone Co. (2012) 205 Cal.App.4th 841, 855-856.)

Defendant's claim that a portion of the causes of action are barred by the statute of limitations cannot be determined on demurrer. The Court cannot sustain a demurrer where the Plaintiff has stated a cause of action under any theory. (See Fox v. Ethicon Endo-Surgery, Inc. (2005) 35 Cal.4th 797, 810.)

Defendant Kah's suggestion in his Reply Brief that the Court treat the demurrer as a Motion to Strike (Reply 2:6-10) is denied as this relief was not requested in any motion and the argument was not raised until Defendant's reply.

Time to Amend or Answer is due per Rule of Court 3.1320 subd. (g). =(501/MEW)

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