DEMURRER to ANSWER to COMPLAINT
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)
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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. | |
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