ZAIRE HILL VS. CITY AND COUNTY OF SAN FRANCISCO ET AL

SF Superior Court - Real Property / Housing Dept 501 - CGC24617292 - June 27, 2025 Hearing date: June 27, 2025 Case number: CGC24617292 Case title: ZAIRE HILL VS. CITY AND COUNTY OF SAN FRANCISCO ET AL Case Number: | | CGC24617292 | Case Title: | | ZAIRE HILL VS. CITY AND COUNTY OF SAN FRANCISCO ET AL | Court Date: | | 2025-06-27 09:30 AM | Calendar Matter: | | DEMURRER to Amended COMPLAINT | Rulings: | | Real Property/Housing Court Law and Motion calendar for June 27, 2025, line 5.

Defendant City and County of San Francisco's Demurrer to Amended Complaint is SUSTAINED, in part, and OVERRULED, in part.

As to all causes of action, CCSF has not shown that Ms. Detrinidad is not a City employee. CCSF cites a Request for Judicial Notice in its papers, but did not file such a request with this demurrer. And CCSF's authority that the Court can consider a declaration in reference to a Complaint filed does not stand for the notion that the Court can accept the truths of a declaration. Moreover, the SAC does not contradict itself on Ms. Detrinidad's employment because the Court must accept the allegations of the SAC as true. When making reasonable inferences in favor of Plaintiff, the declaration that Ms. Detrinidad is an employee of Homerise does not contradict the SAC's allegation that Ms. Detrinidad is an employee of both Homerise and CCSF. Finally, the Court declines to find that the SAC is a sham pleading.

The demurrer to causes of action 1-3 is OVERRULED. The SAC plausibly alleges an apparent ability to carry out the employee's threats to use weapons because those weapons were within her reach.

The demurrer to cause of action 4 is SUSTAINED without leave to amend. Respondeat superior is a theory, not a standalone cause of action.

The demurrer to cause of action 6 is SUSTAINED without leave to amend. Neither statute cited by Plaintiff applies; one is a statute for employers who harass employees, and another is for restraining orders that cannot be sought through a Complaint.

The demurrer to cause of action 7 is OVERRULED. As noted above, CCSF has not shown that the employee is not a City employee.

The demurrer to cause of action 8 is SUSTAINED with leave to amend to allege a viable duty and breach.

The demurrer to cause of action 9 is OVERRULED. Although Plaintiff has not alleged a trade, profession, or industry, the allegations are sufficient to sustain a cause of action for defamation because the SAC alleges plausible reputational damages.

The demurrer to cause of action 10 is OVERRULED. The SAC plausibly alleges that the front desk employee deprived Plaintiff of access to and possession of the premises over the course of three months. =(501/CFH)