| Case | County / Judge | Motion | Ruling | Indexed | Hearing |
|---|
Notice Of Motion And Motion For Leave To File An Amendment To The Answer Of Defendant Lanny Jay
SF Superior Court - Real Property / Housing Dept 501 - CGC24616923 - August 28, 2025 Hearing date: August 28, 2025 Case number: CGC24616923 Case title: ISABELLA SERRANO VS. BENJAMIN FINNESTON ET AL Case Number: | | CGC24616923 | Case Title: | | ISABELLA SERRANO VS. BENJAMIN FINNESTON ET AL | Court Date: | | 2025-08-28 09:30 AM | Calendar Matter: | | Notice Of Motion And Motion For Leave To File An Amendment To The Answer Of Defendant Lanny Jay | Rulings: | | Real Property/Housing Court Motion calendar for August 28, 2025, line 4.
Defendant Jay's Motion for Leave to File an Amendment to Answer is DENIED. The lack of a certificate of occupancy is not a valid defense against a tenant's habitability or harassment claims, accordingly the amendment would be futile. The defense is also subsumed in the "In Pari Delicto" defense asserted in the existing answer.
Defendant's proposed defense regarding SFRO 37.9(f) is not an affirmative defense as phrased, as it does not bring in a "new matter that is not responsive to the essential allegations in the plaintiff's complaint." (The Bank of New York Mellon v. Preciado (2013) 224 Cal.App.4th Supp. 1, 8.) It is also already subsumed in the "failure to state a claim" defense asserted in the existing answer.
Defendant's request to amend their Answer to include attorney's fees is denied. Defendant may seek attorney fees after judgment is authorized by law. Amending the Answer is unnecessary. =(501/CFH)
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