AMANDA SILK VS. NAIM NAZZAL ET AL

SF Superior Court - Real Property / Housing Dept 501 - CGC25624373 - July 24, 2025 Hearing date: July 24, 2025 Case number: CGC25624373 Case title: AMANDA SILK VS. NAIM NAZZAL ET AL Case Number: | | CGC25624373 | Case Title: | | AMANDA SILK VS. NAIM NAZZAL ET AL | Court Date: | | 2025-07-24 09:30 AM | Calendar Matter: | | MOTION TO STRIKE Amended COMPLAINT | Rulings: | | Real Property/Housing Court Law and Motion calendar for July 24, 2025, line 4.

Defendant's Motion to Strike Amended Complaint is GRANTED, in part, and DENIED, in part.

The Court GRANTS the following requests to strike. Prayer No. 3 is stricken; the FAC does not allege sufficiently particular facts as to Defendant's mental state to support punitive damages. Paragraph 5 is stricken, with leave to amend, as an improper legal conclusion; San Francisco Planning Code Section 209.2 makes clear that only certain commercial uses, which are not presently alleged in the FAC, are permitted in RM-1 designations.

The Court DENIES the remaining requests to strike. Regarding Paragraph 8, Defendant's Exhibit A says nothing about whether the lease is commercial, and Plaintiff plainly alleges that she resided in the unit. Regarding Paragraph 16, the allegation that Defendant made inconsistent legal positions need not be stated with particularity and is relevant to Plaintiff's theories of retaliatory eviction and Defendant's bad faith in seeking to recover the property. Regarding Paragraphs 32 and 33, zoning regulations show that certain commercial uses are unpermitted and the Court must accept the truth of allegations that Plaintiff resided in the property. The request to strike Paragraph 50 is moot given the Court sustained a demurrer to the underlying cause of action with leave to amend. =(501/CFH)

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