ANDREW KING VS. VAL-CHRIS INVESTMENTS, INC. ET AL

SF Superior Court - Real Property / Housing Dept 501 - CGC23608591 - July 11, 2025 Hearing date: July 11, 2025 Case number: CGC23608591 Case title: ANDREW KING VS. VAL-CHRIS INVESTMENTS, INC. ET AL Case Number: | | CGC23608591 | Case Title: | | ANDREW KING VS. VAL-CHRIS INVESTMENTS, INC. ET AL | Court Date: | | 2025-07-11 09:30 AM | Calendar Matter: | | MOTION FOR SUMMARY JUDGMENT Or, In The Alternative, Summary Adjudication Of Issues | Rulings: | | Real Property/Housing Court Law and Motion calendar for July 11, 2025, line 3.

Defendant's Motion for Summary Judgment or, in the Alternative, Summary Adjudication is GRANTED, in part, and DENIED in part. As a preliminary matter, the Court ruled on the parties' evidentiary objections, although the parties did not submit proposed orders on the objections.

Summary adjudication is DENIED as to causes of action 1, 2, 5, 6, and 7. As too all 5 of these causes of action, there are triable issues of fact regarding whether the Notice of Default correctly and lawfully stated the amount of money owed. Defendant's primary evidence that they excluded pre-maturity default interest consists of a one-page worksheet with little elaboration as to its contents, which does not shift the burden. As to negligent misrepresentation and fraud, there are triable issues of fact regarding whether P acted in reliance on the Notice of Default in that P was unable to secure the money that was purportedly due.

Regarding slander of title, this cause of action need not rely on Defendant's recordation of the Notice of Default. There are triable issues of fact in whether Defendants acted with malice or reckless disregard of the truth when recording the Trustee's Deed Upon Sale given the Notice of Default may have overstated the amount of money due and evidence that Defendant refused Plaintiff's attempts to pay.

Summary adjudication is GRANTED as to causes of action 8 and 9. Defendant has shifted the burden. Plaintiff has no competent evidence that Val-Chris was involved in post-foreclosure conduct. =(501/CFH)

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