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CUD25678711·sf·Civil·Real Property/Housing
Hearing about 1 year agoSUSTAINED WITHOUT LEAVE TO AMEND

TENTH AND MARKET, LLC VS. MARIA DOLD ET AL

DEMURRER to COMPLAINT

Hearing date
Jun 18, 2025
Department
501
Judge
Prevailing
Defendant

Motion type

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Parties

PlaintiffTENTH AND MARKET, LLC
DefendantMARIA DOLD

Ruling

SF Superior Court - Real Property / Housing Dept 501 - CUD25678711 - June 18, 2025 Hearing date: June 18, 2025 Case number: CUD25678711 Case title: TENTH AND MARKET, LLC VS. MARIA DOLD ET AL Case Number: | | CUD25678711 | Case Title: | | TENTH AND MARKET, LLC VS. MARIA DOLD 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 9.

Defendant Maria Dold's Demurrer to Complaint is SUSTAINED WITHOUT LEAVE TO AMEND. The Complaint fails to state a cause of action. (CCP 430.10(e).)

The Notice to Pay Rent or Quit is fatally defective because the Form 1007 Rent Board attachment is not the version that was in effect at the time the Notice was served. Section 37.9(c) of the Rent Ordinance requires a landlord to attach the form (i.e. Form 1007) published by the Rent Board. At the time the Notice was served, the outdated version attached by plaintiff was not the mandatory attachment referred to by Section 37.9(c), as only the currently effective version is published on the Rent Board's website.

Further, the outdated Form 1007 contains materially different contact information for the Rent Board than the current version, and therefore does not effectively notify the tenant that advice is available from the Rent Board, which is the purpose of the attachment. This defect cannot be cured by amending the pleading.

This matter will be heard at 1:30 p.m. in Department 502. =(501/VMH) 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. | |

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