| Case | County / Judge | Motion | Ruling | Indexed | Hearing |
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Defendants Nikole Hernandez And Jamie Schmidt'S Notice Of Motion And Motion For Judgment On The Pleadings
SF Superior Court - Real Property / Housing Dept 501 - CUD25679331 - September 18, 2025 Hearing date: September 18, 2025 Case number: CUD25679331 Case title: GBP 1249 18TH OWNER, LLC VS. COURTNEY TASCOE-BURRIS ET AL Case Number: | | CUD25679331 | Case Title: | | GBP 1249 18TH OWNER, LLC VS. COURTNEY TASCOE-BURRIS ET AL | Court Date: | | 2025-09-18 09:30 AM | Calendar Matter: | | Defendants Nikole Hernandez And Jamie Schmidt'S Notice Of Motion And Motion For Judgment On The Pleadings, Memorandum Of Points And Authorities | Rulings: | | Real Property/Housing Court Law and Motion Calendar for September 18, 2025 line 9.
DEFENDANTS' MOTION FOR JUDGMENT ON THE PLEADINGS is DENIED.
No authority for the proposition that the Complaint must plead that plaintiff sought and obtained an affirmative determination from the Rent Board before invoking their rights under Rent Ordinance Section 37.3(d)(2) to re-establish the initial rental rate based on the original occupant no longer residing in the unit.
Additionally, whether the property manager is a debt collector within the meaning of the California and Federal Fair Debt Collection Practices Acts is a fact-specific inquiry which cannot be determined from the face of the Complaint alone.
And finally, lack of capacity to sue is not grounds for a judgment on the pleadings. =(501/CFH)
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