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CGC24614050·sf·Civil·Real Property/Housing
Hearing about 1 year agoOVERRULED

GWEN TON ET AL VS. WESTCO ROOFING COMPANY, INC., A CALIFORNIA ET AL

DEMURRER to Amended COMPLAINT

Hearing date
Jun 17, 2025
Department
501
Prevailing
Plaintiff

Motion type

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Causes of action

Parties

PlaintiffGwen Ton
DefendantWestco Roofing Company, Inc.
DefendantBerkeley Roofing Services
DefendantMr. Lee

Ruling

SF Superior Court - Real Property / Housing Dept 501 - CGC24614050 - June 17, 2025 Hearing date: June 17, 2025 Case number: CGC24614050 Case title: GWEN TON ET AL VS. WESTCO ROOFING COMPANY, INC., A CALIFORNIA ET AL Case Number: | | CGC24614050 | Case Title: | | GWEN TON ET AL VS. WESTCO ROOFING COMPANY, INC., A CALIFORNIA ET AL | Court Date: | | 2025-06-17 09:30 AM | Calendar Matter: | | DEMURRER to Amended COMPLAINT | Rulings: | | Real Property/Housing Court Law and Motion calendar for June 17, 2025, line 2.

Defendants' Demurrer to Amended Complaint is OVERRULED.

As to Defendant Berkeley Roofing Services demurrer, the Court's prior order forbids lumping together Defendants in the IIED cause of action. Additionally, the fact that only one Defendant had a permit does not mean all Defendants were not on the roof.

As to Defendant Mr. Lee's demurrer, the SAC alleges sufficient facts to support an alter ego theory. The SAC newly alleges, based on Mr. Lee's prior deposition testimony, that the corporate Defendants are a joint venture with the same employees and that these Defendants have "never had any other customers" than each other. =(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. | |

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