ESSEX FOX PLAZA, LP VS. BRILLIANT CORNERS ET AL

SF Superior Court - Real Property / Housing Dept 501 - CUD25678769 - July 15, 2025 Hearing date: July 15, 2025 Case number: CUD25678769 Case title: ESSEX FOX PLAZA, LP VS. BRILLIANT CORNERS ET AL Case Number: | | CUD25678769 | Case Title: | | ESSEX FOX PLAZA, LP VS. BRILLIANT CORNERS ET AL | Court Date: | | 2025-07-15 09:30 AM | Calendar Matter: | | DEMURRER to COMPLAINT | Rulings: | | Real Property/Housing Court Law and Motion calendar for July 15, 2025, line 14.

Defendants' Demurrer to Complaint is SUSTAINED in part, with leave to amend within 5 days of notice of entry of order.

Per the exhibits attached to the Complaint, the Notice to Pay Rent or Quit named and was served to defendant Brilliant Corners only. The plain language of CCP 1162(3) permits service by posting and mailing at the premises only if the tenant's place of business cannot be ascertained, or if it can be ascertained, but no person of suitable age and discretion can be found there. The Complaint does not allege that any attempts were made to serve Brilliant Corners at its usual place of business or that of its registered agent for service of process, or that the place of business of Brilliant Corners cannot be ascertained. The Complaint therefore fails to state facts sufficient to state a cause of action and the demurrer is sustained with leave to amend on this ground.

The demurrer is otherwise overruled. Plaintiff alleges on the face of the Complaint that defendant Tollie Green is a party to the rental agreement with plaintiff's agent. The allegations on the face of the Complaint must be taken as true on demurrer. To the extent both the moving and opposing parties rely on facts which are not apparent from the face of the Complaint, and which contradict the allegations on the face of the Complaint, these arguments are not properly considered at this stage. =(501/CFH)

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. | |