MICHAEL YANCEY VS. IDRIS PIPPINS ET AL
Case Information
Motion(s)
DEMURRER to COMPLAINT
Motion Type Tags
Demurrer
Parties
- Plaintiff: MICHAEL YANCEY
- Defendant: IDRIS PIPPINS
Ruling
SF Superior Court - Real Property / Housing Dept 501 - CUD25678451 - June 26, 2025 Hearing date: June 26, 2025 Case number: CUD25678451 Case title: MICHAEL YANCEY VS. IDRIS PIPPINS ET AL Case Number: | | CUD25678451 | Case Title: | | MICHAEL YANCEY VS. IDRIS PIPPINS ET AL | Court Date: | | 2025-06-26 09:30 AM | Calendar Matter: | | DEMURRER to COMPLAINT | Rulings: | | Real Property/Housing Court Law and Motion calendar for June 26, 2025, line 8.
Defendant's Demurrer to Complaint is OVERRULED. Defendant shall file and serve an answer within 5 days of service of a notice of entry of order. The Complaint states a cause of action for unlawful detainer based solely on nonpayment of rent under CCP 1161(2), which does not require attachment of the lease agreement. (CCP 1166(d)(1)(B)(iii).)
Defendant's request for punitive damages is DENIED. Civil Code 3294(a) does not authorize defendant's request for punitive damages, as it only applies to plaintiffs in actions not arising from contract. =(501/SKF)
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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 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. | |