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CUD24677053·sf·Civil·Real Property / Housing
Hearing about 1 year agoSUSTAINED WITHOUT LEAVE TO AMEND

AMISH PROPERTIES, INC. VS. JOHN SAWAYA ET AL

DEMURRER to Amended COMPLAINT

Hearing date
Aug 15, 2025
Department
501
Prevailing
Defendant

Motion type

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Parties

PlaintiffAMISH PROPERTIES, INC.
DefendantJOHN SAWAYA

Ruling

SF Superior Court - Real Property / Housing Dept 501 - CUD24677053 - August 15, 2025 Hearing date: August 15, 2025 Case number: CUD24677053 Case title: AMISH PROPERTIES, INC. VS. JOHN SAWAYA ET AL Case Number: | | CUD24677053 | Case Title: | | AMISH PROPERTIES, INC. VS. JOHN SAWAYA ET AL | Court Date: | | 2025-08-15 09:30 AM | Calendar Matter: | | DEMURRER to Amended COMPLAINT | Rulings: | | Real Property/Housing Court Motion calendar for August 15, 2025, line 5.

Defendant's Demurrer to Amended Complaint is SUSTAINED WITHOUT LEAVE TO AMEND, subject to opposition. The First Amended Complaint fails to state a cause of action because the version of San Francisco Rent Board Form 1007 that was attached to the Notice to Pay Rent or Quit was not the current version at the time of service, and therefore the Notice does not comply with San Francisco Rent Ordinance 37.9(c). This defect in the Notice cannot be cured by amending the pleading. =(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. | |

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