VICTORIA MCBEE VS. CYNTHIA AVILES-LANDAU ET AL
DEMURRER to Amended COMPLAINT
Motion type
Causes of action
Parties
Ruling
SF Superior Court - Real Property / Housing Dept 501 - CGC24617335 - July 9, 2026 Hearing date: July 9, 2026 Case number: CGC24617335 Case title: VICTORIA MCBEE VS. CYNTHIA AVILES-LANDAU ET AL Case Number: | | CGC24617335 | Case Title: | | VICTORIA MCBEE VS. CYNTHIA AVILES-LANDAU ET AL | Court Date: | | 2026-07-09 09:30 AM | Calendar Matter: | | DEMURRER to Amended COMPLAINT | Rulings: | | Real Property/Housing Court Law and Motion Calendar for July 9, 2026. Line 3.
DEFENDANT CYNTHIA AVILES-LANDAU, THE ESTATE OF THELMA B. AVILES DEMURRER to 2ND Amended COMPLAINT is SUSTAINED in part and OVERRULED in part.
Defendants' Request for judicial notice is DENIED. Request does not comply with CRC 3.1113.
Demurrer is sustained without leave to amend as to the causes of action for Intentional Infliction of Emotional Distress and Misrepresentation. These causes of action are not supported by facts. The Court has previously granted final leave to amend these causes of action and Plaintiff failed to do so.
Demurrer is OVERRULED as to the cause of action for breach of contract. This cause of action is sufficiently stated. Moving party failed to cite any authority for the proposition that it is barred by res judicata/collateral estoppel. =(501/CFH)
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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 notified, and the opposing party does not appear. | |
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