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CUD25679027·sf·Civil·Real Property
Hearing 10 months agoOVERRULED, 5 days to answer from service of notice of entry of order.

WELLS FARGO BANK, N.A. AS TRUTEE FOR HARBORVIEW VS. DARYL THOMAS CHEATHAM ET AL

DEMURRER to COMPLAINT

Hearing date
Oct 27, 2025
Department
501
Prevailing
Plaintiff

Motion type

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Parties

PlaintiffWELLS FARGO BANK, N.A. AS TRUTEE FOR HARBORVIEW
DefendantDARYL THOMAS CHEATHAM
DefendantSTEVEN MIRANDA

Ruling

SF Superior Court - Real Property / Housing Dept 501 - CUD25679027 - October 27, 2025 Hearing date: October 27, 2025 Case number: CUD25679027 Case title: WELLS FARGO BANK, N.A. AS TRUTEE FOR HARBORVIEW VS. DARYL THOMAS CHEATHAM ET AL Case Number: | | CUD25679027 | Case Title: | | WELLS FARGO BANK, N.A. AS TRUTEE FOR HARBORVIEW VS. DARYL THOMAS CHEATHAM ET AL | Court Date: | | 2025-10-27 09:30 AM | Calendar Matter: | | DEMURRER to COMPLAINT | Rulings: | | Real Property/Housing Court Law and Motion Calendar for October 27, 2025. Line 5.

DEFENDANT STEVEN MIRANDA DEMURRER to COMPLAINT is OVERRULED, 5 days to answer from service of notice of entry of order. The Complaint states a cause of action and is not uncertain. The provisions of CCP 1161(2) do not apply to the 3 day notice given here, as it was not a notice to pay rent or quit. Nothing on the face of the Complaint indicates that the Notice was served to any "bona fide tenant" within the meaning of the Protecting Tenants at Foreclosure Act of 2009. =(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 so notified, and the opposing party does not appear. | |

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