DEMURRER to COMPLAINT
Real Property/Housing Court Law and Motion Calendar for June 2, 2026. Line 10. DEFENDANT VANGUARD PROPERTIES, INC., JAMES BELISLE DEMURRER to COMPLAINT is OVERRRULED.
The Court does not find Defendants' authority-several sections of the Business and Professions Code and Daniels v. Select Portfolio Licensing (2016) 246 Cal.App.4th 1150, 1171-1172-particularly persuasive in foreclosing liability under an agency theory of liability. Real Estate brokers are subject to two sets of duties: (i) those imposed by statute and (ii) those arising from agency law. (Carleton v. Tortosa (1993) 14 Cal.App.4th 745, 755.) An allegation of agency is an allegation of ultimate fact that must be accepted as true for purposes of ruling on a demurrer." (Dones v. Life Ins. Co. of North America (2020) 55 Cal.App.5th 665, 685.) The Court finds that all causes of action are sufficiently pled to withstand demurrer. =(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 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 so 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?”