ANTHONY DUNCAN VS. GEARY COURTYARD ASSOCIATES ET AL

SF Superior Court - Real Property / Housing Dept 501 - CGC24613442 - July 2, 2025 Hearing date: July 2, 2025 Case number: CGC24613442 Case title: ANTHONY DUNCAN VS. GEARY COURTYARD ASSOCIATES ET AL Case Number: | | CGC24613442 | Case Title: | | ANTHONY DUNCAN VS. GEARY COURTYARD ASSOCIATES ET AL | Court Date: | | 2025-07-02 09:30 AM | Calendar Matter: | | MOTION TO STRIKE Amended COMPLAINT | Rulings: | | Real Property/Housing Court Law and Motion Calendar for July 2, 2025 line 2.

DEFENDANT EQUITY RESIDENTIAL MANAGEMENT LLC'S MOTION TO STRIKE 1ST AMENDED COMPLAINT is GRANTED, in part, and DENIED, in part. Paragraph 24 is stricken with leave to amend to allege punitive damages as to the corporate Defendant with sufficient particularity. There are insufficient facts supporting Defendant's advance knowledge, authorization, or ratification with respect to the identified individuals' responsibilities and conduct. The Court also notes that allegations numbers (2) and (3) within paragraph 24 do not identify individuals; the grammatic structure of this paragraph suggests that Plaintiff is alleging a corporate Defendant authorized conduct or was personally guilty.

All other requests to strike are denied; the FAC alleges Defendant "intentionally concealed" habitability problems from Plaintiff prior to signing the lease, that Plaintiff notified Defendant about the rodents, and that Defendant ignored requests for repairs. =(501/CFH)

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. | |