Notice Of Motion And Motion For Leave To File An Amendment To The Answer Of Defendant Lanny Jay
SF Superior Court - Real Property / Housing Dept 501 - CGC24616923 - August 28, 2025 Hearing date: August 28, 2025 Case number: CGC24616923 Case title: ISABELLA SERRANO VS. BENJAMIN FINNESTON ET AL Case Number: | | CGC24616923 | Case Title: | | ISABELLA SERRANO VS. BENJAMIN FINNESTON ET AL | Court Date: | | 2025-08-28 09:30 AM | Calendar Matter: | | Notice Of Motion And Motion For Leave To File An Amendment To The Answer Of Defendant Lanny Jay | Rulings: | | Real Property/Housing Court Motion calendar for August 28, 2025, line 4.
Defendant Jay's Motion for Leave to File an Amendment to Answer is DENIED. The lack of a certificate of occupancy is not a valid defense against a tenant's habitability or harassment claims, accordingly the amendment would be futile. The defense is also subsumed in the "In Pari Delicto" defense asserted in the existing answer.
Defendant's proposed defense regarding SFRO 37.9(f) is not an affirmative defense as phrased, as it does not bring in a "new matter that is not responsive to the essential allegations in the plaintiff's complaint." (The Bank of New York Mellon v. Preciado (2013) 224 Cal.App.4th Supp. 1, 8.) It is also already subsumed in the "failure to state a claim" defense asserted in the existing answer.
Defendant's request to amend their Answer to include attorney's fees is denied. Defendant may seek attorney fees after judgment is authorized by law. Amending the Answer is unnecessary. =(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 tent ative 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 so notified and the opposing party does not appear. | |
Looking for case law or statutes not cited here? Search published authorities
Examples: “Why did the court rule this way?” · “What were the procedural grounds?” · “Is appearance required?”