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CGC23610125·sf·Civil·Real Property
Hearing 11 months agoSUSTAINED without leave to amend

MORPHOS GALLERY, INC., DBA CATHARINE CLARK ET AL VS. DAVID A. KLEIN ET AL

DEMURRER to Amended COMPLAINT

Hearing date
Sep 11, 2025
Department
501
Prevailing
Defendant

Motion type

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Causes of action

Parties

PlaintiffMORPHOS GALLERY, INC., DBA CATHARINE CLARK
DefendantDAVID A. KLEIN

Ruling

SF Superior Court - Real Property / Housing Dept 501 - CGC23610125 - September 11, 2025 Hearing date: September 11, 2025 Case number: CGC23610125 Case title: MORPHOS GALLERY, INC., DBA CATHARINE CLARK ET AL VS. DAVID A. KLEIN ET AL Case Number: | | CGC23610125 | Case Title: | | MORPHOS GALLERY, INC., DBA CATHARINE CLARK ET AL VS. DAVID A. KLEIN ET AL | Court Date: | | 2025-09-11 09:30 AM | Calendar Matter: | | DEMURRER to Amended COMPLAINT | Rulings: | | Real Property/Housing Court Law and Motion Calendar for Sept 11, 2025. Line 2.1.

DEFENDANT DAVID KLEIN, AN INDIVIDUAL DEMURRER to Amended COMPLAINT is SUSTAINED without leave to amend.

The Court has previously sustained a demurrer to the cause of action for breach of covenant of good faith and fair dealing. The Court previously sustained the demurrer with leave to amend to causes of action for breach of fiduciary duty and fraud with specific instructions regarding factual allegations to be included in the amended complaint. Plaintiff failed to make those allegations and does not suggest in opposition that such allegations may be made in good faith. =(501/SKF)

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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