ROSARIO CARRILLO VS. DELMY CAMPOS ET AL

Real Property/Housing Court Law and Motion Calendar for June 12, 2025. Line 8.

DEFENDANT DELMY CAMPOS DEMURRER to COMPLAINT is SUSTAINED in part, with leave to amend within 5 days of notice of entry of order.

The complaint alleges that the property is exempt from the just cause provisions of the Tenant Protection Act of 2019 based on Civil Code 1946.2(i)(1)(B), in that the residential real property is subject to a local ordinance requiring just cause for termination of a residential tenancy. However, this allegation is contradicted by the other allegations of complaint, including the attached notice, which state that the San Francisco Residential Rent Stabilization and Arbitration Ordinance does not require just cause for termination of this residential tenancy.

As this tenancy is allegedly subject to a local ordinance which specifically does not require just cause for its termination, the exemption provided by Civil Code 1946.2(i)(1)(B) does not apply. For this reason, the complaint fails to state a cause of action, and the demurrer is sustained with leave to amend on this ground. The demurrer is otherwise overruled. =(501/CFH)

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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. | |