OSCAR GONZALEZ VS. THEMISTOCLES CHILICAS ET AL

SF Superior Court - Real Property / Housing Dept 501 - CGC24613043 - September 10, 2025 Hearing date: September 10, 2025 Case number: CGC24613043 Case title: OSCAR GONZALEZ VS. THEMISTOCLES CHILICAS ET AL Case Number: | | CGC24613043 | Case Title: | | OSCAR GONZALEZ VS. THEMISTOCLES CHILICAS ET AL | Court Date: | | 2025-09-10 09:30 AM | Calendar Matter: | | DEMURRER to Amended CROSS COMPLAINT | Rulings: | | Real Property/Housing Court Law and Motion Calendar for Sept 10, 2025. Line 4.

CROSS DEFENDANT OSCAR GONZALEZ, DELIA CARBAJAL, LUIGI MERCADO DEMURRER to Amended CROSS COMPLAINT is SUSTAINED without leave to amend.

Cross-Complainants were granted a leave to amend to allege a viable cause of action for breach of contract against Delia Carbajal and Luigi Mercado. Cross-Complaints failed to do so.

Cross-Complaint fails to allege formation of an implied-in-fact contract (e.g. landlord's acceptance of the contract terms, of the moving defendant's performance of the terms, etc) or breach of any legally cognizable implied contractual term regarding tenants' obligations. The Court notes express reference to "ordinary care" in the allegations, terminology used in conjunction with negligence claims. The Court also notes references to CC 1941.2 that based on existing case law creates a claim against landlords (no cases cited imposing any kind of liability under this statute on tenants), which even against the landlords does not create a breach of contract claim (as opposed to a separate cause of action for breach of implied warranty of habitability), =(501/SKF)

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