| Case | County / Judge | Motion | Ruling | Indexed | Hearing |
|---|
DEMURRER to Amended COMPLAINT
SF Superior Court - Real Property / Housing Dept 501 - CGC25623526 - September 2, 2025 Hearing date: September 2, 2025 Case number: CGC25623526 Case title: WARREN SHUNG CHEUNG VS. DOUGLAS SYKES ET AL Case Number: | | CGC25623526 | Case Title: | | WARREN SHUNG CHEUNG VS. DOUGLAS SYKES ET AL | Court Date: | | 2025-09-02 09:30 AM | Calendar Matter: | | DEMURRER to Amended COMPLAINT | Rulings: | | Real Property/Housing Court Motion calendar for September 2, 2025, line 1.
Defendant's Demurrer to Amended Complaint is SUSTAINED WITH LEAVE TO AMEND. Warren Cheung is not the proper Plaintiff because he was not the owner of the property at the time of the foreclosure sale. The quitclaim deed that purportedly transferred the property to Plaintiff's company was recorded on December 19, 2024 at 9:04 am, approximately one hour after the foreclosure was deemed "final" and "perfected." (See Cal. Civ. Code 2924h(c)).
The Court declines to address the merits of each cause of action without the proper parties, but encourages Plaintiff to address in good faith the issues raised by the demurrer, including, but not limited to: the Bankruptcy Court's December 4, 2024 order authoring a foreclosure sale, the failure to allege tender, the lack of particularity in causes of action 1-3, and the fact that causes of action 5 and 6 are labeled remedies rather than causes of action. =(501/SKF)
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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. | |
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