DecisionDepot
California legal research
All cases
CUD26682218·sf·Civil·Real Property/Housing
Hearing 19 days agoOVERRULED, five days to answer.

NOEL ROJAS ET AL VS. EDINSON MONTANO ET AL

DEMURRER to COMPLAINT

Hearing date
Aug 5, 2026
Department
501
Prevailing
Plaintiff

Motion type

Browse all Demurrer rulings statewide →

Parties

PlaintiffNOEL ROJAS
DefendantEDINSON MONTANO

Ruling

SF Superior Court - Real Property / Housing Dept 501 - CUD26682218 - August 5, 2026 Hearing date: August 5, 2026 Case number: CUD26682218 Case title: NOEL ROJAS ET AL VS. EDINSON MONTANO ET AL Case Number: | | CUD26682218 | Case Title: | | NOEL ROJAS ET AL VS. EDINSON MONTANO ET AL | Court Date: | | 2026-08-05 09:30 AM | Calendar Matter: | | DEMURRER to COMPLAINT | Rulings: | | Real Property/Housing Court Law and Motion Calendar for August 5, 2026. Line 10.

Defendants' Demurrer to Complaint is OVERRULED, five days to answer. The Complaint is not so uncertain that Defendants cannot respond. A demurrer for uncertainty will be sustained only where the complaint is so bad that defendant cannot reasonably respond-i.e., defendant cannot reasonably determine what issues must be admitted or denied, or what counts or claims are directed against defendant. (Weil & Brown et al., Cal. Prac. Guide: Civ. Pro. Before Trial (The Rutter Group 2025) 7:85 (citing Khoury v. Maly's of Calif., Inc. (1993) 14 CA4th 612, 616; A.J. Fistes Corp. v. GDL Best Contractors, Inc. (2019) 38 CA5th 677, 695.) The error with the Complaint does not create an uncertainty to the extent that Defendants cannot reasonably respond.

This matter will be heard in Department 318 by the Honorable Christopher C. Hite at 1:30 p.m. per the order of the presiding judge. =(318/CCH)

Parties may appear in-person, or via Zoom (Meeting ID: 160 1140 0818 Passcode: 976491). 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. | |

Cited authorities

Extracting citations from the ruling text…
Verify against the source PDF — LLM extraction may miss or mis-normalize citations.

Looking for case law or statutes not cited here? Search published authorities

Ask about this ruling

Examples: “Why did the court rule this way?” · “What were the procedural grounds?” · “Is appearance required?”

Answers reference only this ruling's text. Not legal advice — always verify against the source PDF.

Find similar rulings

Source

Share