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CPF25519156·sf·Civil·Real Property / Housing
Hearing 3 months agoSUSTAINED without leave to amend as to individual defendants; OVERRULED otherwise.

STEPHEN KAVANAUGH VS. DOUGLASS MANOR HOMEOWNERS' ASSOCIATION ET AL

Demurrer to the Fourth Amended Complaint

Hearing date
May 26, 2026
Department
501
Prevailing
Mixed

Motion type

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Parties

PlaintiffStephen Kavanaugh
DefendantDouglass Manor Homeowners' Association

Ruling

SF Superior Court - Real Property / Housing Dept 501 - CPF25519156 - May 26, 2026 Hearing date: May 26, 2026 Case number: CPF25519156 Case title: STEPHEN KAVANAUGH VS. DOUGLASS MANOR HOMEOWNERS' ASSOCIATION ET AL Case Number: | | CPF25519156 | Case Title: | | STEPHEN KAVANAUGH VS. DOUGLASS MANOR HOMEOWNERS' ASSOCIATION ET AL | Court Date: | | 2026-05-26 09:30 AM | Calendar Matter: | | DEMURRER | Rulings: | | Real Property/Housing Court Law and Motion Calendar for May 26, 2026.

Line 1. Defendant's Demurrer to the Fourth Amended Complaint is SUSTAINED without leave to amend as to the individual defendants. A member of an association may bring a civil action for declaratory or equitable relief for violations by the association. (Civil code sections 4955, 5145. Plaintiff failed to provide authority that members of the board may be sued in their individual capacities. The demurrer is otherwise OVERRULED. (Code of Civil Procedure section 430.41(b).) =(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. | |

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