DEMURRER to Amended COMPLAINT
SF Superior Court - Real Property / Housing Dept 501 - CGC25624116 - August 11, 2025 Hearing date: August 11, 2025 Case number: CGC25624116 Case title: GARY M WAITE VS. TENDERLOIN HOUSING CLINIC ET AL Case Number: | | CGC25624116 | Case Title: | | GARY M WAITE VS. TENDERLOIN HOUSING CLINIC ET AL | Court Date: | | 2025-08-11 09:30 AM | Calendar Matter: | | DEMURRER to Amended COMPLAINT | Rulings: | | Real Property/Housing Court Motion calendar for August 11, 2025, line 2.
Defendant's Demurrer to Amended Complaint is SUSTAINED WITHOUT LEAVE TO AMEND. Judicially noticeable facts show that on May 8, 2023, Plaintiffs signed a contract in Pro Per waiving their rights to pursue this lawsuit against Defendant under California Civil Code Section 1542.
In its late-filed Opposition, Plaintiff's only argument pertaining to this waiver is that other lawsuits are ongoing, with no explanation as to what these lawsuits are or how their pendency affects the validity Plaintiffs' waiver that occurred on May 8, 2023.
To the extent that Plaintiffs' Opposition claims that attorney Mr. Higginbotham's conduct affects the validity of their Section 1542 waiver, the Court notes that Plaintiff signed the waiver in Pro Per and represented that they were advised of the importance of seeking legal advice on the contract's terms.
=(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?”