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 Guinnane Construction's Demurrer to Complaint is SUSTAINED with leave to amend for Plaintiff to (1) allege facts showing existance of a partnership and (2) to allege the date of the repudiation/breach of the oral contract.

Plaintiff shall have 60-day leave to amend to conduct discovery as to the date of the signing of the written contract. While Plaintiff's allegations in the complaint must be taken as true, Plaintiff concedes that they do not have any factual basis for the allegation as to the date of the execution of the written contract. Taking into consideration allegations in the previously filed complaint, Plaintiff's claims may be barred by the statute of limitations, which is an appropriate issue to be raised on a demurrer. The Court makes no determinations as to the other arguments raised by the demurrer at this time. =(501/CFH)

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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. | |