DecisionDepot
California legal research
All cases
CUD26682017·sf·Civil·Real Property / Housing
Hearing 3 months agoSUSTAINED as to affirmative defenses, OVERRULED as to remainder of Answer

ESSEX FOX PLAZA, LP VS. JANE DOE ET AL

DEMURRER to ANSWER to COMPLAINT

Hearing date
Jun 2, 2026
Department
501
Judge
Prevailing
Mixed

Motion type

Browse all Demurrer rulings statewide →

Parties

PlaintiffESSEX FOX PLAZA, LP
DefendantJANE DOE

Ruling

Real Property/Housing Court Law and Motion Calendar for June 2, 2026. Line 12.

PLAINTIFF ESSEX FOX PLAZA, LP DEMURRER to ANSWER to COMPLAINT is SUSTAINED as to the affirmative defenses only, with leave to amend within 5 days of notice of entry of order to allege specific facts supporting the contentions in the affirmative defenses.

While the affirmative defenses are also not drawn in conformity with CRC 2.112, particularly CRC 2.112(1), this defect does not amount to either failure to state a defense or uncertainty, so the demurrer is not sustained on this ground. Nonetheless, leave to amend shall extend to permit Defendant to conform the affirmative defenses to CRC 2.112.

To the extent the demurrer is directed to the entirety of the Answer, as seemingly indicated by the Notice of Demurrer, the demurrer is OVERRULED, as Paragraphs 1 and 2 of the Answer state a defense and are not uncertain. =(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. | |

Cited authorities

Extracting citations from the ruling text…
Verify against the source PDF — LLM extraction may miss or mis-normalize citations.

Looking for case law or statutes not cited here? Search published authorities

Ask about this ruling

Examples: “Why did the court rule this way?” · “What were the procedural grounds?” · “Is appearance required?”

Answers reference only this ruling's text. Not legal advice — always verify against the source PDF.

Find similar rulings

Source

Share