Judge: Charles F. Haines, Case: CUD23671421, Date: 2023-06-20 Tentative Ruling
Real Property/Housing Court Law and Motion Calendar for June 20, 2023 line 8. DEFENDANT 2428 CLEMENT STREET RETAIL INC.'S DEMURRER TO COMPLAINT is SUSTAINED in part and OVERRULED in part. Demurrer to the cause of action for unlawful detainer based on non-payment of rent is sustained without leave to amend. No opposition filed. Demurrer for the cause of action based on 3-Day Notice to Cure or Quit is OVERRULED. The notice sufficiently states the basis for Plaintiff's belief that Defendant is in breach of the lease. Whether the breach in fact occurred, is an anticipatory breach (as discussed in opposition) or is not a breach at all is an issue of fact that cannot be addressed on a 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.