DEMURRER to Amended CROSS COMPLAINT
SF Superior Court - Real Property / Housing Dept 501 - CGC25622560 - June 22, 2026 Hearing date: June 22, 2026 Case number: CGC25622560 Case title: THREE EMBARCADERO CENTER VENTURE VS. AUTZU DRIVESHARING INC. ET AL Case Number: | | CGC25622560 | Case Title: | | THREE EMBARCADERO CENTER VENTURE VS. AUTZU DRIVESHARING INC. ET AL | Court Date: | | 2026-06-22 09:30 AM | Calendar Matter: | | DEMURRER to Amended CROSS COMPLAINT | Rulings: | | Real Property/Housing Court Law and Motion Calendar for June 22, 2026. Line 4.1.
CROSS DEFENDANT THREE EMBARCADERO CENTER VENTURE A CALIFORNIA GENERAL PARTNERSHIP, BXP, INC. DEMURRER to Amended CROSS COMPLAINT is SUSTAINED in part and overruled in part.
Demurrer is sustained with leave to amend as to the cause of action for irrevocable license for the Cross-Complainant to allege facts supporting reasonable reliance in light of the contractual termination clause. The Court notes that the section of the opposition brief addressing this issue is devoid of any citation to authority for the argument that "If the mere inclusion of a termination clause defeated the doctrine, it would never apply in commercial settings." (Opposition 16:8-9).
Demurrer is otherwise overruled. The remaining causes of action are sufficiently stated, the cause of action for fraud is not uncertain, and BXP, Inc, involvement and liability is sufficiently alleged to survive a challenge at the pleading stage. =(501/CFH)
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