EDDIE YUEN ET AL VS. CYNTHIA LEE ET AL

SF Superior Court - Real Property / Housing Dept 501 - CUD23672863 - August 14, 2025 Hearing date: August 14, 2025 Case number: CUD23672863 Case title: EDDIE YUEN ET AL VS. CYNTHIA LEE ET AL Case Number: | | CUD23672863 | Case Title: | | EDDIE YUEN ET AL VS. CYNTHIA LEE ET AL | Court Date: | | 2025-08-14 09:30 AM | Calendar Matter: | | MOTION FOR SUMMARY JUDGMENT / Adjudication | Rulings: | | Real Property/Housing Court Motion calendar for August 14, 2025, line 6.

Plaintiffs' Motion for Summary Judgment / Adjudication is DENIED as to summary judgment. Triable issues exist, including regarding the lawful rent amount for the premises.

Summary adjudication is GRANTED in part, as to the following issues only: Defendant's Third Affirmative Defense regarding breach of the covenant of quiet enjoyment; Defendant's Fourth Affirmative Defense regarding CC 1940.2; and Defendant's Sixth Affirmative Defense regarding calling emergency services.

This action is based on nonpayment of rent, and there is no dispute that defendant has not moved out of the premises. Therefore, defendant cannot maintain the third or fourth affirmative defenses as a matter of law. Additionally, there is no reference to a person summoning law enforcement in the Notice to Pay Rent or Quit, so this action is not based on defendant calling the police or emergency services and defendant cannot maintain the sixth affirmative defense.

However nothing in this ruling shall be construed to prevent defendant from raising these arguments to refute one of plaintiffs' elements or in support of another affirmative defense. =(501/CFH)

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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 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. | |