INTEGRAL SENIOR LIVING MANAGEMENT, LLC ET AL VS. WILLIAM ATHERLEY
Case Information
Motion(s)
Amended MOTION FOR SUMMARY JUDGMENT
Motion Type Tags
Motion for Summary Judgment · Motion for Summary Adjudication
Parties
- Plaintiff: INTEGRAL SENIOR LIVING MANAGEMENT, LLC
- Defendant: WILLIAM ATHERLEY
Ruling
SF Superior Court - Real Property / Housing Dept 501 - CUD25678211 - August 28, 2025 Hearing date: August 28, 2025 Case number: CUD25678211 Case title: INTEGRAL SENIOR LIVING MANAGEMENT, LLC ET AL VS. WILLIAM ATHERLEY Case Number: | | CUD25678211 | Case Title: | | INTEGRAL SENIOR LIVING MANAGEMENT, LLC ET AL VS. WILLIAM ATHERLEY | Court Date: | | 2025-08-28 09:30 AM | Calendar Matter: | | Amended MOTION FOR SUMMARY JUDGMENT | Rulings: | | Real Property/Housing Court Motion calendar for August 28, 2025, line 10.
Plaintiff's Motion for Summary Judgment is DENIED in part and GRANTED in part, subject to opposition.
Summary judgment is denied, insofar as plaintiffs request inclusion of monetary damages in the judgment. Plaintiffs' asserted daily rental value is based upon defendant's current service fee, which includes fees for services that are personal to the defendant's needs. Plaintiffs have not offered any authority for their apparent argument that these amounts which are in part personal to defendant are the reasonable rental value of the premises.
Summary adjudication of plaintiffs' right to recover possession of the premises is granted, subject to opposition. Summary adjudication of plaintiffs' right to recover unlawful detainer damages is denied, for the reasons previously stated. =(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. | |