DEMURRER to COMPLAINT
SF Superior Court - Real Property / Housing Dept 501 - CUD25679305 - September 11, 2025 Hearing date: September 11, 2025 Case number: CUD25679305 Case title: MERCY HOUSING CALIFORNIA VS. SHIRIN M. MIZANI ET AL Case Number: | | CUD25679305 | Case Title: | | MERCY HOUSING CALIFORNIA VS. SHIRIN M. MIZANI ET AL | Court Date: | | 2025-09-11 09:30 AM | Calendar Matter: | | DEMURRER to COMPLAINT | Rulings: | | Real Property/Housing Court Law and Motion Calendar for Sept 11, 2025. Line 6.
DEFENDANT SHIRIN MIZANI DEMURRER to COMPLAINT is SUSTAINED with leave to amend within 5 days of notice of entry of order. The Complaint fails to state any factual basis for the conclusory allegation that the premises is not a rental unit under the Rent Ordinance.
On the demurrer, the Court must accept the well-pleaded factual allegations of the Complaint as true. However, the same does not go for unsupported legal conclusions. The assertion in the Complaint that the premises is not a rental unit within the meaning of the Rent Ordinance is not supported by specific factual allegations which, if true, would lead to this legal conclusion.
Defendant's Request for Judicial Notice of a complaint filed in an unrelated action between two different parties than those here is denied, as it has no bearing on the allegations on the face of the instant Complaint. =(501/SKF)
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