S.F. GARAGE COMPANY, INC., A CORPORATION VS. GUINNANE CONSTRUCTION CO., INC., A CORPORATION ET AL

SF Superior Court - Real Property / Housing Dept 501 - CGC26632851 - September 9, 2026 Hearing date: September 9, 2026 Case number: CGC26632851 Case title: S.F. GARAGE COMPANY, INC., A CORPORATION VS. GUINNANE CONSTRUCTION CO., INC., A CORPORATION ET AL Case Number: | | CGC26632851 | Case Title: | | S.F. GARAGE COMPANY, INC., A CORPORATION VS. GUINNANE CONSTRUCTION CO., INC., A CORPORATION ET AL | Court Date: | | 2026-09-09 09:30 AM | Calendar Matter: | | DEMURRER to COMPLAINT | Rulings: | |

On the Real Property / Housing Motion calendar for September 9, 2026, line 4. Defendant Bailey Law Partners Demurrer to Complaint is OVERRULED.

There is no dispute as to the applicable statute of limitations to a cause of action based on actual fraud.

The extent of the moving party's argument regarding sufficiency of the factual allegations in the Complaint re: actual fraud appears at page 12 of the moving papers: "Not only this, but Plaintiff's latest version of "facts" pleaded in its Complaint are insufficient to meet the heightened pleading standard required to constitute an intentional fraud claim. Namely, Plaintiff's Complaint falls far short of pleading the "who, what, where, when, and how" needed to ascertain such a claim."

There is no citation to any authority whatsoever as to the elements of the actual fraud or where the quoted language on page 12:27 is coming from; or any discussion as to which elements are not supported by factual allegations.

The Court makes no determination at this time whether complaint states a cause of action arising out of actual fraud as this issue was not properly raised with appropriate legal support by the moving party. =(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 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. | |