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CGC24612995·sf·Civil·Real Property
Hearing about 1 year agoSUSTAINED WITH LEAVE TO AMEND

BEN PATRIACCA VS. BONNIE SPINDLER ET AL

DEMURRER to Amended COMPLAINT

Hearing date
Jul 15, 2025
Department
501
Prevailing
Moving Party

Motion type

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Parties

PlaintiffBEN PATRIACCA
DefendantBONNIE SPINDLER
DefendantCORCORAN GROUP LLC

Ruling

SF Superior Court - Real Property / Housing Dept 501 - CGC24612995 - July 15, 2025 Hearing date: July 15, 2025 Case number: CGC24612995 Case title: BEN PATRIACCA VS. BONNIE SPINDLER ET AL Case Number: | | CGC24612995 | Case Title: | | BEN PATRIACCA VS. BONNIE SPINDLER ET AL | Court Date: | | 2025-07-15 09:30 AM | Calendar Matter: | | DEMURRER to Amended COMPLAINT | Rulings: | | Real Property/Housing Court Law and Motion calendar for July 15, 2025, line 5.

Defendant Corcoran Group LLC's Demurrer to Amended Complaint is SUSTAINED WITH LEAVE TO AMEND as to all causes of action. Plaintiff's allegations that Defendant Bonnie Spindler is Defendant Corcoran Group LLC's agent are insufficient to withstand demurrer. (FAC, 9, 22-24.)

Allegations based on "knowledge and understanding" and "information and belief" are improper as the pleader possesses actual or presumed knowledge of the facts, and is expected to plead known facts rather than reliance on secondhand information. Plaintiff must allege facts underlining their "knowledge and understanding" and information and belief" that led Plaintiff to believe that Spindler was Corcoran's agent. =(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 p | |

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