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CUD25679167·sf·Civil·Unlawful Detainer
Hearing 12 months agoOVERRULED, 5 days to answer

XIAOLI LIN VS. GUO XIN CHEN ET AL

DEMURRER to COMPLAINT

Hearing date
Sep 3, 2025
Department
501
Prevailing
Plaintiff

Motion type

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Causes of action

Parties

PlaintiffXIAOLI LIN
DefendantGUO XIN CHEN

Ruling

SF Superior Court - Real Property / Housing Dept 501 - CUD25679167 - September 3, 2025 Hearing date: September 3, 2025 Case number: CUD25679167 Case title: XIAOLI LIN VS. GUO XIN CHEN ET AL Case Number: | | CUD25679167 | Case Title: | | XIAOLI LIN VS. GUO XIN CHEN ET AL | Court Date: | | 2025-09-03 09:30 AM | Calendar Matter: | | DEMURRER to COMPLAINT | Rulings: | | Real Property/Housing Court Law and Motion Calendar for September 3, 2025 line 12.

DEFENDANTS' DEMURRER TO COMPLAINT is OVERRULED, 5 days to answer. The Complaint states a cause of action for unlawful detainer and is not uncertain. The correct address and information for the Rent Board is contained in the Form 1007 attached to the Three-Day Notice to Pay Rent or Quit as required, and the discrepancy between the two addresses given is not so uncertain that the defendants cannot reasonably respond.

Further, this case is distinguishable from Eshagian v. Cepeda (2025) 112 Cal.App.5th 433, because the Notice is dated the day it was served. As there is no ambiguity between the date shown on the Notice and the date of service, the tenants should have reasonably understood the deadline by which they needed to pay the rent due to avoid forfeiture of the premises. =(501/SKF)

Parties may appear in-person, telephonically or via Zoom [Webinar ID: 160 560 5023; Password: 172849; Phone Dial in: (669) 254-5252].

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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