YALING CHEN VS. RICHARD HUM ET AL
Case Information
Motion(s)
DEMURRER to COMPLAINT
Motion Type Tags
Demurrer
Parties
- Plaintiff: YALING CHEN
- Defendant: RICHARD HUM
- Defendant: EDMUND HUM
- Defendant: BELINDA HUM
Ruling
SF Superior Court - Real Property / Housing Dept 501 - CGC24619450 - June 18, 2025 Hearing date: June 18, 2025 Case number: CGC24619450 Case title: YALING CHEN VS. RICHARD HUM ET AL Case Number: | | CGC24619450 | Case Title: | | YALING CHEN VS. RICHARD HUM ET AL | Court Date: | | 2025-06-18 09:30 AM | Calendar Matter: | | DEMURRER to COMPLAINT | Rulings: | | Real Property/Housing Court Law and Motion calendar for June 18, 2025, line 1.
Defendants Edmund Hum and Belinda Hum's Demurrer to Complaint is OVERRULED. The causes of action are not time barred because it is not clear from the face of the Complaint that each cause of action's violative acts occurred before the statute of limitations expired, and a conspiracy is alleged in cause of action 7. With regard to the nuisance cause of action, none of Defendant's authority suggests that an overlap between negligence and nuisance cases of action should result in sustaining a demurrer. Two of Defendant's cases are appeals from judgment and the third case rejected a nuisance claim on the merits after applying the rules of negligence. =(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. | |