| Case | County / Judge | Motion | Ruling | Indexed | Hearing |
|---|
DEMURRER to Amended COMPLAINT
SF Superior Court - Real Property / Housing Dept 501 - CGC25623526 - May 26, 2026 Hearing date: May 26, 2026 Case number: CGC25623526 Case title: WARREN SHUNG CHEUNG VS. DOUGLAS SYKES ET AL Case Number: | | CGC25623526 | Case Title: | | WARREN SHUNG CHEUNG VS. DOUGLAS SYKES ET AL | Court Date: | | 2026-05-26 09:30 AM | Calendar Matter: | | DEMURRER to Amended COMPLAINT | Rulings: | | Real Property/Housing Court Law and Motion Calendar for May 26, 2026. Line 3.
Defendants' Demurrer to the Third Amended Complaint is SUSTAINED with final leave to amend.
First, the Court notes that the Third Amended Complaint is being brought by Warren Shung Cheung in his representative capacity as Successor Trustee. (TAC, para. 1.) The Court has previously given Plaintiff leave to amend to either properly allege standing or substitute the appropriate Plaintiff.
In the Court's January 14, 2026 ruling on demurrer to the Second Amended Complaint, the Court noted that it was taking judicial notice of the Notice of Appeal filed on October 20, 2025 by Tiffany Chou, as Trustee in case CUD-25-677947, which was filed months after the purposed appointment of Plaintiff as Successor Trustee. The Third Amended Complaint still alleges that Mr. Chueng was appointed successor trustee in June 2025. For the second time, the Court takes judicial notice of the Notice of Appeal filed on October 20, 2025 by Tiffany Chou, as Trustee in case CUD-25-677947. Plaintiff must reconcile the timeline.
Setting aside the issue of standing, the demurrer as to all causes of action is sustained with leave to amend. Plaintiff fails to identify the statute(s) Defendant purportedly violated and the underlying facts describing how the violation(s) occurred, nor has Plaintiff alleged tender. =(501/DWH)
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 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 notified, and the opposing party does not appear. | |
Looking for case law or statutes not cited here? Search published authorities
Examples: “Why did the court rule this way?” · “What were the procedural grounds?” · “Is appearance required?”