1000 VAN NESS LP VS. 5910 INVESTMENTS, LLC ET AL
DEMURRER to COMPLAINT
Motion type
Parties
Ruling
SF Superior Court - Real Property / Housing Dept 501 - CGC25622373 - August 28, 2025 Hearing date: August 28, 2025 Case number: CGC25622373 Case title: 1000 VAN NESS LP VS. 5910 INVESTMENTS, LLC ET AL Case Number: | | CGC25622373 | Case Title: | | 1000 VAN NESS LP VS. 5910 INVESTMENTS, LLC ET AL | Court Date: | | 2025-08-28 09:30 AM | Calendar Matter: | | DEMURRER to COMPLAINT | Rulings: | | Real Property/Housing Court Motion calendar for August 28, 2025, line 6.
Defendant's Demurrer to Complaint is SUSTAINED WITH LEAVE TO AMEND.
Plaintiff filed their complaint on February 13, 2025 against 5910 Investments LLC "in its capacity as Performing Parcel Owner." (Complaint, para. 5.)
On April 24 and again on June 16, 2025, this Court in Case No. CGC-24-620014, 5910 Investments LLC v. 1000 Van Ness LP, granted Plaintiff's Motion for Receivership, and suspended 1000 Van Ness LP's rights and powers as Performing Parcel Owner.
On June 9, and again on June 16, 2025, the Court continued the demurrer for supplemental briefing on the effect, if any, the order appointing a receiver would have on this case, and ordered the parties to brief the issue of standing and whether 1000 Van Ness LP is able to maintain the suit as is.
Plaintiff does not dispute 1000 Van Ness LP no longer has standing to pursue this lawsuit "in its capacity as Performing Parcel Owner," but claims that it may bring its claims related to the Parking Garage, in its capacity as an individual parcel owner.
Plaintiff is granted leave to amend to substitute the real party in interest. (Cloud v. Northrop Grumman Corp. (1998) 67 Cal.App.4th 995, 1004, 1011.) =(501/CFH)
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