LIUDMILA NAUMIK VS. FLORA ANDREA AUGUSTIN ET AL

SF Superior Court - Real Property / Housing Dept 501 - CGC24618659 - July 21, 2025 Hearing date: July 21, 2025 Case number: CGC24618659 Case title: LIUDMILA NAUMIK VS. FLORA ANDREA AUGUSTIN ET AL Case Number: | | CGC24618659 | Case Title: | | LIUDMILA NAUMIK VS. FLORA ANDREA AUGUSTIN ET AL | Court Date: | | 2025-07-21 09:30 AM | Calendar Matter: | | MOTION FOR JUDGMENT ON THE PLEADINGS | Rulings: | | Real Property/Housing Court Law and Motion calendar for July 21, 2025, line 4.

Defendant's Motion for Judgment on the Pleadings is GRANTED with leave to amend for Plaintiff to address issues raised by the Motion in good faith, including but not limited to, (1) the plan to install a new roof, (2) causation and reliance, (3) whether all Defendants were parties to a contract with Plaintiff, and (4) distinguishing between a seller's duties and an agent's duties.

Broadly speaking, Paragraph 19 puts Defendants on notice that the alleged misrepresentations surround a promise to install a new roof, code violations, and water intrusions. Defendant is correct that the representations of "unknown" and "did not know" do not constitute an intentional representation that "there were no problems."

However, the Complaint alleges that Defendants misrepresented an intent to "install an entire new roof," which would support a cause of action if the Complaint were not inconsistent on this point. For instance, Paragraph 19 says that all three Defendants made a representation that one Defendant will install the roof. Paragraph 15A says Mr. Lopez was told by the "owner and the realtor" not to repair the roof, which appears to omit any involvement by the broker. Then, Paragraph 43 alleges that both moving Defendants "instructed" Mr. Lopez to not repair the roof correctly.

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