MARK JOHNSON VS. ALFREDO HUERTAS ET AL

SF Superior Court - Real Property / Housing Dept 501 - CUD25680637 - January 14, 2026 Hearing date: January 14, 2026 Case number: CUD25680637 Case title: MARK JOHNSON VS. ALFREDO HUERTAS ET AL Case Number: | | CUD25680637 | Case Title: | | MARK JOHNSON VS. ALFREDO HUERTAS ET AL | Court Date: | | 2026-01-14 09:30 AM | Calendar Matter: | | REAL PROPERTY/HOUSING MOTIONS CALENDAR | Rulings: | | Real Property/Housing Court Law and Motion Calendar for January 14, 2026 line 8.

DEFENDANT'S DEMURRER TO COMPLAINT is SUSTAINED WITHOUT LEAVE TO AMEND. The Three Day Notice upon which this action is based contains contradictory language as to whether or not the tenants had an opportunity to cure the alleged nuisance and save their tenancy, rendering the Three Day Notice ambiguous as to the nature of the performance demanded. The fundamentally ambiguous Three Day Notice fails to accomplish the purpose of the statutory requirement of notice, and therefore cannot support a cause of action for unlawful detainer. Plaintiff's proffered interpretation of the Three Day Notice-that the only "cure" was to vacate and surrender possession of the premises-renders the term "cure" meaningless and is inconsistent with an ordinary interpretation of the phrase "cure nuisance OR termination of tenancy" provided in the title of the notice.

This matter will be heard in department 505 by the Honorable Michelle Tong at 1:30 p.m. per the order of the presiding judge. =(501/MT)

Parties may appear in-person, or via Zoom (Video Meeting ID: 160 4132 4666; Passcode: 872834). 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 notified, and the opposing party does not appear. | |