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1 DENNIS J. HERRERA, State Bar#139669 City Attorney
2 THOMAS S. LAKRITZ, State Bar #161234 Chief Attorney
3 Neighborhood and Resident Safety Division MICHAEL S. WEISS, State Bar #168378
4 MEGAN CESARE-EASTMAN, State Bar #253845 VICTORIA L. WEATHERFORD, State Bar #267499
5 Deputy City Attorneys Fox Plaza
6 1390 Market Street, Sixth Floor San Francisco, California 94102-5408
7 Telephone: (415) 554-3824 Facsimile: (415) 437-4644
8 E-Mail: [email protected] E-Mail:· [email protected]
9 E-Mail: [email protected]
1 O Attorneys for Plaintiffs
( . .liRIGINAL ~
ENDORSED SF.ILl=n
upenor Court ot'C:alifOrnia County of San Francisco
DEC 15 Z0t5 CLERK OF THE COURT
BY: SEAN KANE Deputy Clerk
CITY AND COUNTY OF SAN FRANCISCO and 11 PEOPLE OF THE STATE OF CALIFORNIA
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SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF SAN FRANCISCO
UNLIMITED JURISDICTION
CITY AND COUNTY OF SAN FRANCISCO, a Municipal Corporation, and the PEOPLE OF THE STATE·OF CALIFORNIA, by and through DENNIS J. HERRERA, City Attorney for the CITY AND COUNTY OF SAN FRANCISCO,
Case No. CGC-15-546152 JA\(..
[llROPOSIID] ORDER OVERRULING DEFENDANTS' ANNA KIHAGI, JULIA MW ANGI, XELAN PROP 1, LLC, RENKA PROP, LLC, NOZARI 2, LLC, AND ZORIALL, LLC'S DEMURRER TO FIRST AMENDED COMPLAINT
20 Plaintiffs,
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vs.
ANNE KIHAGI aka ANNA KIHAGI aka ANNA SWAIN aka ANNE KIHAGI SWAIN aka ANNA KIHAGI SWAIN, WLIA MW ANGI aka WLIA MUNENE, CHRISTINE MW ANGI aka CHRISTINA MW ANGI aka CHRISTINE JOHNSON, XELAN PROP 1, LLC, RENK.A PROP, LLC, NOZARI 2, LLC, ZORIALL, LLC, and DOE ONE THROUGH DOE FIFTY,
27 Defendants.
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Hearing Date: Hearing Judge: Time: Place:
Date Action Filed: Trial Date:
1 ORDER OVERRULING DEF'S DEMURRER; CGC-15-546152
December 15, 2015 Hon. Harold E. Kahn 9:30 a.m. Dept. 302
June 4, 2015 Not Yet Set
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1 Defendants ANNA KIHAGI, JULIA MW ANGI, XELAN PROP 1, LLC, RENK.A PROP,
2 LLC, NO ZARI 2, LLC, and ZORIALL, LLC' s (collectively, "Defendants") Demurrer to First
3 Amended Complaint ("Demurrer") in the above-entitled action came on for hearing on December 15,
4 2015 at 9:30 a.m. in Department 302 of the San Francisco Superior Court, the Honorable Harold E.
5 Kahn presiding. Plaintiffs CITY AND COUNTY OF SAN FRANCISCO and PEOPLE OF THE
6 STATE OF CALIFORNIA (collectively "Plaintiffs") appeared through their counsel of record,
7 Deputy City Attorney Megan Cesare-Eastman of the San Francisco City Attorney's Office.
8 Defendants appeared through their counsel of record /tr lu<:a. nol r V 0 ( t-:o VJ &J<rr· 9 Based on the evidence presented, the complete file in this matter, the oral argument of the
10 parties, and GOOD CAUSE APPEARING, it is the order of this Court that Defendants' Demurrer is
11 OVERRULED in its entirety.
12 IT IS FURTHER ORDERED THAT:
13 1. All of Plaintiffs' claims, including their requests for injunctive relief, are adequately
14 alleged.
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Defendants'. request for judicial notic~ is ~a..Ll\fe.d a~ to ~~ V~\ V"e¢o-cvl5 <9Vll~. pe+-uet:f ~~ ~ '"""'e "VB< b r.M.V\.r-e.- tAN\ O{ \~p1-bf<. Cow\-plaYttt.
Even if the Court were to take judicial notice of the contents of Department of Building
17 Inspection ("DBI") records, all of plaintiffs' claims would still be sufficiently pied. All of the portions
18 of the first amended complaint that Defendants challenge by way of the DBI records that they seek to
19 have judicially noticed are evidentiary facts which have independent relevance apart from the DBI
20 records.
21 4. Many of Defendants arguments are based on their view of the facts, yet on a demurrer
22 the court assumes the truth of the allegations in the pleading that is attacked. 6. Veft,nolOLn.i"S h~ve ~o '7f"'-v> -h oi-n-.'i.vv~-
23 IT IS SO ORDERED.
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Dated: \ d- \ '~ kS'
CCSF, et al. v. Kihagi, et al. S.F. Superior No. CGC 15-546152
2 ORDER OVERRULING DEF'S DEMURRER; CGC-15-546152
HON. HAROLD E. KAHN JUDGE OF THE SUPERIOR COURT
n:\codcnNi2015\151349\01068364.doc
