MATTHEW SMITH VS. SAAHIL KHAN

SF Superior Court - Real Property / Housing Dept 501 - CUD25678399 - October 16, 2025 Hearing date: October 16, 2025 Case number: CUD25678399 Case title: MATTHEW SMITH VS. SAAHIL KHAN Case Number: | | CUD25678399 | Case Title: | | MATTHEW SMITH VS. SAAHIL KHAN | Court Date: | | 2025-10-16 09:30 AM | Calendar Matter: | | Notice Of Motion And Motion To Dismiss Complaint | Rulings: | | Real Property/Housing Court Motion calendar for October 16, 2025, line 3.

Defendant's Motion to Dismiss Complaint is DENIED.

Procedurally, this motion appears to be a combined demurrer, or perhaps motion for judgment on the pleadings, and motion to dismiss for failure to prosecute. Accordingly, the Court addresses it as such.

The demurrer or motion for judgment on the pleadings is overruled/denied. Plaintiff's alleged lack of standing is not apparent from the face of the Complaint or from any matters subject to judicial notice. Defendant has not cited any authority for the apparent proposition that a master tenancy, as well as any right to enforce a pending action for past breaches of a subtenancy agreement, terminates as a matter of law if at any point the master tenant does not physically reside in the premises. Additionally, Defendant's extrinsic evidence cannot be considered on either a demurrer or a judgment on the pleadings, and at any rate Defendant provides no foundation for the statement that the Plaintiff's master tenancy transferred to another individual.

The motion to dismiss for failure to prosecute is denied. The statutory authority Defendant cites specifically provides that the Court does not have discretion to dismiss this action at this time. (CCP 583.420(a)(1).) =(501/CFH)

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