SWORDS TO PLOWSHARES, A CALIFORNIA NON-PROFIT VS. LEWIS WINGFIELD ET AL
DEMURRER to COMPLAINT
Motion type
Parties
Ruling
SF Superior Court - Real Property / Housing Dept 501 - CUD26683096 - September 9, 2026 Hearing date: September 9, 2026 Case number: CUD26683096 Case title: SWORDS TO PLOWSHARES, A CALIFORNIA NON-PROFIT VS. LEWIS WINGFIELD ET AL Case Number: | | CUD26683096 | Case Title: | | SWORDS TO PLOWSHARES, A CALIFORNIA NON-PROFIT VS. LEWIS WINGFIELD 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 24.
Defendant's Demurrer to Complaint is OVERRULED, 5 days to answer.
Defendant moved for an order: "... sustaining their demurrer ot the complaint for unlawful detainer without leave to amend pursuant to the Code of Civil Procedure section 430.10(e), on the grounds that the Plaintiff Swords to Plowshares, a California Non-Profit Corporation, has failed to allege facts sufficient to state a cause of action for unlawful detainers."
Complaint alleges two cause of action, the Notice of Demurrer only points to purported defects with a Notice to Perform Covenants of Lease or Quit, which forms the basis for only one of the two causes of action. Therefore, the Court cannot determine based on the moving papers that the complaint as a whole fails to state a cause of action for unlawful detainer. =(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. | |
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