MOHSIN AHMMED VS. ONE RINCON HILL ASSOCIATION ET AL
Case Information
Motion(s)
DEMURRER to COMPLAINT
Motion Type Tags
Demurrer
Parties
- Plaintiff: MOHSIN AHMMED
- Defendant: ONE RINCON HILL ASSOCIATION
Ruling
SF Superior Court - Real Property / Housing Dept 501 - CGC25622778 - July 8, 2025 Hearing date: July 8, 2025 Case number: CGC25622778 Case title: MOHSIN AHMMED VS. ONE RINCON HILL ASSOCIATION ET AL Case Number: | | CGC25622778 | Case Title: | | MOHSIN AHMMED VS. ONE RINCON HILL ASSOCIATION ET AL | Court Date: | | 2025-07-08 09:30 AM | Calendar Matter: | | DEMURRER to COMPLAINT | Rulings: | | Real Property/Housing Court Law and Motion calendar for July 8, 2025, line 5.
Defendant's Demurrer to Complaint is SUSTAINED. Plaintiff to address in good faith issues raised by the demurrer.
Leave to amend is denied as to causes of action 1 and 9, which rely on authority that do not provide a private cause of action.
Leave to amend is granted as to all other causes of action to allege viables cause of action by taking steps including, but not limited to, (1) alleging or attaching a verbatim contract term that was breached by Defendant, (2) alleging facts supporting why the 2022 report would put Defendant on notice of, then conceal the fact that, areas in Plaintiff's own home "were wet," (3) alleging cognizable injuries suffered in reliance on Defendant's misrepresentations, and (4) alleging extreme and outrageous conduct and emotional stress with requisite specificity. =(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. | |