VISTA DEL MONTE HOUSING, L.P. VS. MARIA BALTODANO ET AL

SF Superior Court - Real Property / Housing Dept 501 - CUD25679099 - May 27, 2026 Hearing date: May 27, 2026 Case number: CUD25679099 Case title: VISTA DEL MONTE HOUSING, L.P. VS. MARIA BALTODANO ET AL Case Number: | | CUD25679099 | Case Title: | | VISTA DEL MONTE HOUSING, L.P. VS. MARIA BALTODANO ET AL | Court Date: | | 2026-05-27 09:30 AM | Calendar Matter: | | DEMURRER to Amended COMPLAINT | Rulings: | | Real Property/Housing Court Law and Motion Calendar for May 27, 2026. Line 5.

DEFENDANT MARIA BALTODANO DEMURRER to Amended COMPLAINT is SUSTAINED with leave to amend within 5 days of notice of entry of order.

The Court previously issued a tentative ruling sustaining the demurrer without leave to amend on the ground that Defendant was a HUD Applicant and Plaintiff failed to provide proper procedure to Defendant. The facts supporting Defendant's argument that she was an Applicant, and specifically that Defendant applied to join the existing household prior to the death of the sole tenant at the time, appear on the face of Plaintiff's pleading.

After hearing oral argument, the Court continued this matter for supplemental briefing. In Plaintiff's supplemental brief, Plaintiff argues that it cannot be compelled to continue Defendant's occupancy because Defendant is ineligible for the HUD subsidy. This does not address the issue of whether Plaintiff followed proper procedure under HUD regulations before denying Defendant's application. Plaintiff's obligation to follow proper procedure in connection with the termination of a tenancy or the denial of an application is not the same as an obligation to continue that tenancy or approve the application.

At Plaintiff's request, the Court grants leave to amend within 5 days of notice of entry of order. This matter will be heard in department 505 by the Honorable Michelle Tong at 1:30 p.m. per the order of the presiding judge. =(505/MT)

Parties may appear in-person, or via Zoom Video Conference (Meeting ID: 160 4132 4666 Passcode: 872834). 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 tentative 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 notified, and the opposing party does not appear. | |