PETER LING VS. ZI HONG LIU ET AL

SF Superior Court - Real Property / Housing Dept 501 - CUD25679283 - September 5, 2025 Hearing date: September 5, 2025 Case number: CUD25679283 Case title: PETER LING VS. ZI HONG LIU ET AL Case Number: | | CUD25679283 | Case Title: | | PETER LING VS. ZI HONG LIU ET AL | Court Date: | | 2025-09-05 09:30 AM | Calendar Matter: | | DEMURRER to COMPLAINT | Rulings: | | Real Property/Housing Court Law and Motion Calendar for September 5, 2025 line 8.

DEFENDANTS' DEMURRER TO COMPLAINT is SUSTAINED in part, with leave to amend within 5 days of notice of entry of order, and OVERRULED in part.

The Complaint fails to state facts sufficient to constitute a cause of action for forcible detainer because it does not plead any facts supporting the essential allegation that defendants are holding the property by force or by menace and threat of violence, so the demurrer sustained with leave to amend as to the second cause of action only. The demurrer is otherwise overruled.

The allegations on the face of the Complaint do not state that defendants were required to give any consideration in exchange for their occupancy of the premises, so on the face of the pleading, this is not an action founded upon a contract. Further, as defendants acknowledge, the Complaint clearly alleges that defendants' occupancy is not subject to the San Francisco Rent Ordinance because defendants are not tenants within the meaning of that ordinance, so there is no uncertainty on the face of the Complaint as to whether the Rent Ordinance applies. =(501/SKF)

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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. | |