MARTIN LUTHER KING-MARCUS GARVEY SQUARE APARTMENTS VS. ANGELIQUE GASTON ET AL

SF Superior Court - Real Property / Housing Dept 501 - CUD26682096 - June 25, 2026 Hearing date: June 25, 2026 Case number: CUD26682096 Case title: MARTIN LUTHER KING-MARCUS GARVEY SQUARE APARTMENTS VS. ANGELIQUE GASTON ET AL Case Number: | | CUD26682096 | Case Title: | | MARTIN LUTHER KING-MARCUS GARVEY SQUARE APARTMENTS VS. ANGELIQUE GASTON ET AL | Court Date: | | 2026-06-25 09:30 AM | Calendar Matter: | | DEMURRER to ANSWER to COMPLAINT | Rulings: | | Real Property/Housing Court Law and Motion Calendar for June 25, 2026. Line 8.

PLAINTIFF DEMURRER to ANSWER to COMPLAINT is SUSTAINED in part, with and without leave to amend, and OVERRULED in part.

As to the affirmative defenses stated in items 3(e) and 3(s)(1) of the Answer, the demurrer is OVERRULED.

As to the affirmative defenses stated in items 3(f), 3(s)(2), 3(s)(4), 3(s)(5), 3(s)(6), and 3(s)(7) of the Answer, the demurrer is SUSTAINED with leave to amend within 5 days of notice of entry of order.

As to the affirmative defense stated in item 3(s)(3) of the Answer, the demurrer is SUSTAINED WITHOUT LEAVE TO AMEND. Defendants assert that this affirmative defense is not new matter and therefore does not require pleading of any supporting factual allegations. However, affirmative defenses-i.e. any defenses raised in an answer other than the general or specific denial of the material allegations of the complaint-must be new matter. (See CCP 431.30(b).) City of Santa Barbara v. Superior Court (Janeway) (2007) 41 Cal.4th 747, 780, fn. 58, discussed in Defendants' supplemental brief, does not state otherwise. Since Defendants admit that their affirmative defense stated in item 3(s)(3) is not new matter, it is not proper under CCP 431.30(b). This cannot be cured by amendment. =(501/CFH)

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