Demurrer to Complaint
SF Superior Court - Real Property / Housing Dept 501 - CUD25678570 - June 18, 2025 Hearing date: June 18, 2025 Case number: CUD25678570 Case title: ALLEN COMMUNITY HOUSING INITIATIVE LLC VS. MARY CHERKINS ET AL Case Number: | | CUD25678570 | Case Title: | | ALLEN COMMUNITY HOUSING INITIATIVE LLC VS. MARY CHERKINS 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 5.
Defendant's Demurrer to Complaint is SUSTAINED with leave to amend within 5 days of notice of entry of order. The Complaint alleges on its face that defendant Mary Cherkins agreed to rent the premises pursuant to an agreement with plaintiff. (Complaint, para. 6a.)
Plaintiff's arguments in opposition are based principally on its position that the defendant is a third party to the lease and not an authorized tenant, which is contradictory to the allegation in paragraph 6a of plaintiff's Complaint. The Court notes that while there are allegations elsewhere in the Complaint, including the attached 60 Day Notice, which refer to the prior existence of a tenancy, these other allegations do not state that the defendant was the tenant. Therefore, because the defect does not appear on the face of the 60 Day Notice, leave to amend is granted. =(501/CFH)
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