CITIBANK, N.A. VS. RYAN J WARMAN

On the Law and Motion / Discovery calendar for October 9, 2025, line 8, CROSS COMPLAINANT RYAN WARMAN, PRINCIPAL AND REPRESENTED PERSON MOTION TO STRIKE DEMURRER to CROSS COMPLAINT Defendant and Cross-Complainant Ryan J Warman's Motion to Strike Plaintiff and Cross-Defendant Citibank, N.A.'s Demurrer to the Cross-Complaint is GRANTED. Cross-defendant shall answer by October 30, 2025.

On July 23, 2025, the court ordered cross-defendant to file a response to the cross-complaint by August 25, 2025. Cross-defendant filed this untimely demurrer on August 29, 2025. Moreover, the demurrer is not well presented. Cross-defendant references UCC Financing Statements and Secretary of State documents, but fails to provide them. Cross-defendant also failed to make a request for judicial notice per Evidence Code section 452. Cross-defendant likely relies on the Secretary of State documents it provided on May 28, 2025. Those documents, however, do not establish that cross-complainant's claims fail as a matter of law.

On the other hand, the court notes the cross-complaint is unclear as to what it is actually alleging. The court orders: (1) Cross-complainant must review his cross complaint; (2) the parties must meet and confer and explore the deficiencies raised by Cross-defendant; (3) Cross-complainant must seriously consider amending the cross-complaint to clarify his claims; (4) if cross-complainant elects to amend, he has leave to do so no later than November 14, 2025; and (5) Cross-defendant shall not file any new motion challenging the cross-complaint before November 17, 2025.

Plaintiff and Cross-Defendant is ordered to prepare a proposed order which repeats verbatim the above text and email it to contestdept302tr@sftc.org prior to the time set for hearing.

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/JMQ) | |