2710 Sutter Ventures, LLC v. Millis (2022)

Citation: 2710 Sutter Ventures, LLC v. Millis (2022)
Parent Document: 2710 Sutter Ventures, LLC v. Millis (2022)
Jurisdiction: California (state)
Effective Date: 2022-08-31
Original Source: https://www.courtlistener.com/opinion/7861646/2710-sutter-ventures-llc-v-millis/ ↗

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ORDERED that Defendants’ Demurrer to the First Amended
Complaint is SUSTAINED WITHOUT LEAVE TO AMEND. The
Notice of Termination is fatally defective. Plaintiffs failed to
provide proper required information regarding relocation
payments under San Francisco Rent Ordinance § 37.9A(e)(3)-(4).”
Plaintiffs timely appealed after entry of judgment.
                           DISCUSSION
 I.   Standard of Review
      We review an order sustaining a demurrer de novo.
(Boshernitsan v. Bach (2021) 61 Cal.App.5th 883, 889.) We
accept the truth of material facts properly pled in the operative
complaint, but not contentions, deductions, or conclusions of fact
or law. (Ibid.) The proper interpretation of a statute is a
question of law reviewed review de novo. (Id. at p. 890.)
Whether state law preempts a local ordinance is also question of
law subject to de novo review. (Johnson v. City and County of
San Francisco (2006) 137 Cal.App.4th 7, 12 (Johnson).)
II.   The Act
      The Act provides that “[n]o public entity . . . shall, by
statute, ordinance, or regulation, or by administrative action
implementing any statute, ordinance or regulation, compel the
owner of any residential real property to offer, or to continue to
offer, accommodations in the property for rent or lease . . . .”
(Gov. Code, § 7060, subd. (a).)5 “A landlord who complies with

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