OSCAR GONZALEZ VS. THEMISTOCLES CHILICAS ET AL

Real Property/Housing Court Law and Motion Calendar for June 5, 2025 line 3.

CROSS DEFENDANT OSCAR GONZALEZ, DELIA CARBAJAL, LUIGI MERCADO DEMURRER TO Amended CROSS COMPLAINT is OVERRULED as to cross-defendant Oscar Gonzalez and SUSTAINED without leave to amend as to cross-defendants Delia Carbajal and Luigi Mercado.

Cross-defendants' argument that judicial notice has been taken of the terms of a lease different from the lease attached to first amended cross-complaint lacks merit for two reasons. First, even if true, cross-complainants are not precluded from alleging that a different lease is the operative lease. Second, while judicial notice may be taken of the existence of a lease, judicial notice does not extend to the truth of the terms of a lease.

Neither the language of Civil Code 1941.2 nor any case law construing that statute creates any contractual obligations on a non-signatory to a lease. Leave to amend is denied because cross-complainants have not shown any reasonable possibility that they can state a viable contract claim against Ms. Carbajal and Mr. Mercado. =(501/HEK)

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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. | |