SARAH GEROME VS. SIDE, INC.
DEMURRER to COMPLAINT
Motion type
Parties
Ruling
SF Superior Court - Real Property / Housing Dept 501 - CGC25624689 - September 11, 2025 Hearing date: September 11, 2025 Case number: CGC25624689 Case title: SARAH GEROME VS. SIDE, INC. Case Number: | | CGC25624689 | Case Title: | | SARAH GEROME VS. SIDE, INC. | Court Date: | | 2025-09-11 09:30 AM | Calendar Matter: | | DEMURRER to COMPLAINT | Rulings: | | Real Property/Housing Court Law and Motion Calendar for Sept 11, 2025. Line 5.
DEFENDANT SIDE, INC. DEMURRER to COMPLAINT is OVERRULED, 10 days to answer. Late-filed opposition is stricken.
Moving party failed to carry its burden. Moving papers are devoid of authorities and discussion of (1) res judicata/collateral estoppel in small claims cases; (2) the record in the former proceeding adequately reflecting the issues actually litigated and decided in that proceeding; and (3) the nature of the claims in the two actions, e.g. property damage vs. personal injury.
The Court further notes that there are no exhibits attached to Defendant's request for judicial notice. It does appear that those exhibits are attached to Galdo Declaration. The Court notes that pages 4-7 of Ex. 2 to Galdo Declaration are inconsistent with the description of the document being a true and correct copy of a ruling as they appear to contain legal argument and a request for relief. =(501/SKF)
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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 tentative 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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