LOONG KONG TIEN YEE ASSOCIATION, A CALIFORNIA VS. JUDY MA ET AL

SF Superior Court - Real Property / Housing Dept 501 - CUD25678520 - March 12, 2026 Hearing date: March 12, 2026 Case number: CUD25678520 Case title: LOONG KONG TIEN YEE ASSOCIATION, A CALIFORNIA VS. JUDY MA ET AL Case Number: | | CUD25678520 | Case Title: | | LOONG KONG TIEN YEE ASSOCIATION, A CALIFORNIA VS. JUDY MA ET AL | Court Date: | | 2026-03-12 09:30 AM | Calendar Matter: | | MOTION FOR SUMMARY JUDGMENT / Notice Of Motion & Motion For Summary Judgment Or, In The Alternative, Motion For Summary Adjudication | Rulings: | | Real Property/Housing Court Law and Motion Calendar for March 12, 2026. Line 9.

PLAINTIFF LOONG KONG TIEN YEE ASSOCIATION, A CALIFORNIA NONPROFIT CORPORATION MOTION FOR SUMMARY JUDGMENT / Motion For Summary Judgment Or, In The Alternative, Motion For Summary Adjudication is DENIED.

Motion for Summary Judgment is framed by the pleadings. Moving party failed to carry its burden and establish that it is entitled to a judgment as a matter of law. Moving party provides no authority to support its position that there was a relationship between the Plaintiff and a Defendant that could be terminated in a manner that would allow the Plaintiff to avail itself of a summary unlawful detainer proceeding. (See CCP 1161.1 "tenant continues in possession...including the case where the person to be removed became the occupant of the premises as a servant, employee, agent, or licensee and the relation of master and servant, or employer and employee, or principal and agent, or licensor and licensee."

Plaintiff does not allege that Plaintiff was a licensor terminating a license. Plaintiff claims that whatever license might have been granted by the former tenant has been terminated by operation of law upon the death of the tenant in February 2025 (Points and Authorities 5:12-13; Complaint, paragraph 8). Thereafter, license having been already purportedly terminated, Defendant took possession of the Premises without Plaintiff's consent (Complaint, paragraph 9).

Furthermore, after the license purportedly granted by the former tenant and terminated upon the tenant's death, Plaintiff terminated some unspecified license by serving a Notice on April 10, 2025. Plaintiff does not explain whether an additional license has been granted, which Plaintiff terminated or Plaintiff was terminating the license that was granted by the tenant. Plaintiff cites no authority and provides no argument that Plaintiff has standing/capacity/authority to terminate a license granted by someone else. =(501/CFH)

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