AUSTIN WOO VS. VIOLA CHOI
Case Information
Motion(s)
DEMURRER to COMPLAINT
Motion Type Tags
Demurrer
Parties
- Plaintiff: AUSTIN WOO
- Defendant: VIOLA CHOI
Ruling
SF Superior Court - Real Property / Housing Dept 501 - CUD26680952 - February 19, 2026 Hearing date: February 19, 2026 Case number: CUD26680952 Case title: AUSTIN WOO VS. VIOLA CHOI Case Number: | | CUD26680952 | Case Title: | | AUSTIN WOO VS. VIOLA CHOI | Court Date: | | 2026-02-19 09:30 AM | Calendar Matter: | | DEMURRER to COMPLAINT | Rulings: | | Real Property/Housing Court Law and Motion Calendar for February 19, 2026. Line 14.
DEFENDANT VIOLA CHOI DEMURRER to COMPLAINT is SUSTAINED WITHOUT LEAVE TO AMEND, subject to opposition.
The factual allegation in Plaintiff's prior verified pleading regarding the amount of Defendant's monthly rent, particularly as it relates to the month of September 2025, was verified by Plaintiff under penalty of perjury. This previous, verified factual allegation cannot now be contradicted to increase the alleged amount. As the contradiction appears in the Three Day Notice to Pay Rent or Quit, the Notice overstates the amount of rent due, and this defect cannot be cured by amendment. =(501/CFH)
Parties may appear in-person, telephonically or via Zoom (Video - Webinar ID: 160 560 5023; Password: 172849; or Phone Dial in: (669) 254-5252; Webinar ID: 160 560 5023; Password: 172849).
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. | |