POTRERO HOUSING ASSOCIATES I, L.P. VS. CARLILE.MACY, INC., A CALIFORNIA CORPORATION

Matter on the Law & Motion / Discovery calendar for Tuesday, August 19, 2025, Line 6. DEFENDANT CARLILE.MACY, INC.'s DEMURRER to COMPLAINT.

Defendant's demurrer to the complaint and all causes of action is sustained with 15 days leave to amend. "Where written documents are the foundation of an action and are attached to the complaint and incorporated therein by reference, they become a part of the complaint and may be considered on demurrer." (City of Pomona v. Superior Court (2001) 89 Cal.App.4th 793, 800.) "[I]n testing a complaint against a demurrer, we may disregard allegations that are inconsistent with attached exhibits and matters judicially noticed." (Pick v. Lightbourne (2013) 221 Cal.App.4th 480, 490.)

Here, the complaint attaches a contract that is between defendant and non-party "BRIDGE Housing Corporation." Plaintiff has leave to amend to plead ultimate facts showing (1) a contractual relationship between the parties; (2) that it is an "affiliate[], subsidiary[y], partner[], officer[], board member[], agent[], employee[], subcontractor[], consultant[], and successor[] and assign[]" to take advantage of the indemnity clause; and/or (3) a basis to impose a tort duty on defendant. The present allegations are too conclusory.

For the 9:00 a.m. calendar, all attorneys and parties may appear in Department 301 remotely or in person. Remote hearings will be conducted by videoconference using Zoom. (Dept. 301 Zoom ID 161 502 4290; Passcode 700956.) 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 contestdept301tr@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 contestdept301tr@sftc.org prior to the hearing even if the tentative ruling is not contested.