MARIA TERESA DIAZ VS. SHYAM HARI KC ET AL

Set for Law and Motion/Discovery Calendar on Thursday, January 29, 2026, Line 10. 1 - PLAINTIFF MARIA DIAZ DEMURRER to ANSWER to COMPLAINT.

Plaintiff Maria Teresa Diaz's demurrer to Defendant Shyam Hari Kc's answer is SUSTAINED with leave to amend. CCP 431.30(b) states that "The answer to a complaint shall contain: (1) The general or specific denial of the material allegations of the complaint controverted by the defendant. (2) A statement of any new matter constituting a defense." A plaintiff may demur to an answer if "(a) the answer does not state facts sufficient to constitute a defense, (b) the answer is uncertain [or] (c) where the answer pleads a contract, it cannot be ascertained from the answer whether the contract is written or oral." (CCP 430.20.) In order to survive demurrer, an answer must include specific facts, rather than mere "terse legal conclusions." (FPI Development, Inc. v. Nakashima (1991) 231 Cal.App.3d 367, 384.)

Here, Defendant's answer alleges 17 affirmative defenses. However, Defendant does not state any facts to support any of these affirmative defenses. The court sustains the demurrer and grants Defendant leave to amend the answer to include factual allegations. Defendant must amend within 10 court days from service of this order.

For the 9:00 a.m. calendar, all attorneys and parties may appear in Department 302 remotely or in person. Remote hearings will be conducted by videoconference using Zoom. (Dept. 302 Zoom ID 160 409 7690; Passcode 516287.) To appear remotely at the hearing, go to the court's website at sfsuperiorcourt.org under "Online Services," navigate to "Tentative Rulings," and click on the appropriate link, or dial the corresponding phone number.

Any party who contests a tentative ruling must send an email to contestdept302tr@sftc.org with a copy to all other parties by 4pm stating, without argument, the portion(s) of the tentative ruling that the party contests. The subject line of the email shall include the line number, case name and case number. The text of the email shall include the name and contact information, including email address, of the attorney or party who will appear at the hearing.

Counsel for the prevailing party is required to prepare a proposed order which repeats verbatim the substantive portion of the tentative ruling and must email it to contestdept302tr@sftc.org prior to the hearing even if the tentative ruling is not contested.

The court no longer provides a court reporter in the Law & Motion Department. Parties may retain their own reporter, who may appear in the courtroom or remotely. A retained reporter must be a California certified court reporter (CSR), for only a CSR's transcript may be used in California courts. If a CSR is being retained, include in your email all of the following: their name, CSR and telephone numbers, and their individual work email address. =(302/REQ) | |