TIBOR SZABO VS. YAN WONG ET AL

SF Superior Court - Real Property / Housing Dept 501 - CGC24617914 - July 3, 2025 Hearing date: July 3, 2025 Case number: CGC24617914 Case title: TIBOR SZABO VS. YAN WONG ET AL Case Number: | | CGC24617914 | Case Title: | | TIBOR SZABO VS. YAN WONG ET AL | Court Date: | | 2025-07-03 09:30 AM | Calendar Matter: | | DEMURRER to Amended COMPLAINT | Rulings: | | Real Property/Housing Court Law and Motion Calendar for July 3, 2025 line 4.

DEFENDANTS' DEMURRER TO AMENDED COMPLAINT is SUSTAINED with leave to amend as to all three causes of action.

As to cause of action 1, Plaintiff shall have leave to amend to allege facts supporting the missing elements of intentional concealment with requisite specificity. The Court, however, declines to find a sham pleading and finds that, for purposes of a demurrer, the statute of limitation has been tolled. The original Complaint's allegation that they "noted" mold does not necessarily contradict the FAC's allegations that Plaintiff did not understand the condition to be mold until 2022. Further, Plaintiff has alleged a reasonable investigation in that Plaintiff asked Defendants about the mold, to which Defendants allegedly made misrepresentations.

As to cause of action 2, Plaintiff shall have leave to amend to allege a viable theory of illegal conduct. Plaintiff has not sufficiently alleged a violation of Penal Code Section 632, which requires the recording of confidential communications. Without facts about the recorded communications, the property, or surrounding context, for instance, Plaintiff's allegation that Defendants violated Plaintiff's reasonable expectation of privacy is conclusory.

As to cause of action 4, Plaintiff shall have leave to amend to allege facts supporting the elements of Negligent Retention with requisite specificity. Plaintiff has not alleged facts supporting Defendants' knowledge of a particular risk. Since this cause of action relies on the alleged conduct in cause of action two, the Court's ruling as to cause of action two applies to cause of action four as well. =(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. | |