VLAD CHERNOGUZ VS. TRADICION PERUANA CULTURAL CENTER, INC. ET AL
Case Information
Motion(s)
Amended DEMURRER to COMPLAINT
Motion Type Tags
Demurrer
Parties
- Plaintiff: VLAD CHERNOGUZ
- Defendant: TRADICION PERUANA CULTURAL CENTER, INC.
Ruling
SF Superior Court - Real Property / Housing Dept 501 - CUD25679433 - September 3, 2025 Hearing date: September 3, 2025 Case number: CUD25679433 Case title: VLAD CHERNOGUZ VS. TRADICION PERUANA CULTURAL CENTER, INC. ET AL Case Number: | | CUD25679433 | Case Title: | | VLAD CHERNOGUZ VS. TRADICION PERUANA CULTURAL CENTER, INC. ET AL | Court Date: | | 2025-09-03 09:30 AM | Calendar Matter: | | Amended DEMURRER to COMPLAINT | Rulings: | | Real Property/Housing Court Law and Motion Calendar for September 3, 2025 line 13.
DEFENDANT'S AMENDED DEMURRER TO COMPLAINT is OVERRULED, 5 days to answer. The Complaint states a cause of action for unlawful detainer and is not uncertain.
The commercial lease specifically defines "rent" to include all monetary obligations due under the lease, other than the security deposit. Interest and late charges are monetary obligations due under the lease, and are therefore included in the lease's definition of "rent."
Regarding the instruction for the calculation of the notice period, the discrepancies between judicial holidays and business holidays have no practical effect on this 3-day notice served on Tuesday, July 22, 2025, as the defendant identifies no holidays of any kind within 3 weekdays of this date. As there is no practical uncertainty whatsoever regarding the date this Notice to Pay Rent or Quit expired, the defendant can reasonably respond. =(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. | |