NEVILLE WRIGHT VS. TURK STREET INVESTORS LLC ET AL

SF Superior Court - Real Property / Housing Dept 501 - CGC24620192 - August 12, 2025 Hearing date: August 12, 2025 Case number: CGC24620192 Case title: NEVILLE WRIGHT VS. TURK STREET INVESTORS LLC ET AL Case Number: | | CGC24620192 | Case Title: | | NEVILLE WRIGHT VS. TURK STREET INVESTORS LLC ET AL | Court Date: | | 2025-08-12 09:30 AM | Calendar Matter: | | DEMURRER to Amended COMPLAINT | Rulings: | | Real Property/Housing Court Motion calendar for August 12, 2025, line 3.

Defendant's Demurrer to Amended Complaint is SUSTAINED with leave to amend. It is uncertain which causes of action Plaintiff is alleging due to inconsistencies between the form Complaint and the "proposed draft" of the Second Amended Complaint. The Court notes that when parties use a form Complaint, as is the case here, all causes of action must be identified in the body of the form Complaint and any attachments should not contradict the form Complaint.

Plaintiff's "proposed draft" is attached as an answer to question 15 of the form Complaint, which only asks for "paragraphs ... alleged on information and belief." This draft identifies a Breach of Contract cause of action that was not alleged in the form Complaint, seems to combine two distinct theories of negligence into a single cause of action, and contains a cause of action for punitive damages. The Court also notes that punitive damages is a remedy, not a cause of action. =(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 tent ative 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. | |