Hearing: JUNE LEE VS. 460 FRANCISCO ST H.O.A. ET AL

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                                Todd A.   Angstadt (SBN    166404)
                  Micah A.H.     Yospe   (SBN  281350)
             2    PHILLIPS, SPALLAS & ANGSTADT LLP                                                               ELECTRONICALLY
                  560 Mission Street, Suite
                  San  Francisco, CA 94105
                                                l 010                                                               F  I  L   E  D
             3                                                                                                   Superior Court of California,
                  Telephone    (415)  278-9400                                                                    County of San Francisco

             4    Facsimile   (415)  278-9411
                                                                                                                     11/16/2021
                                                                                                                 Clerk of the Court
             5    Attorneys for Defendant                                                                          BY: EDNALEEN ALEGRE
                  460 FRANCISCO STREET HOA                                                                                    Deputy Clerk

             6

             7                                   SUPERIOR COURT OF THE STATE OF               CALIFORNIA
             8                         CITY AND     COUNTY OF SAN         FRANCISCO,       UNLIMITED JURISDICTION
             9

           10     JUNE   LEE                                                   )  Case No.:    CGC-21-589282
                                                                               )
            11
                                  Plaintiff,                                   l
           12                                                                  )   DEFENDANT 460           FRANCISCO ST HOA'S
                       v.                                                      )   NOTICE OF DEMURRER AND                 DEMURRER TO
           13                                                                  )   PLAINTIFF'S THIRD AMENDED                 COMPLAINT;
                  460 FRANCISCO ST HOA, and WALEED GHNAIM, )                       DECLARATION          OF MICAH A.       H. YOSPE
           14                                                                  )

           15
                                 De~ndan~.                                     l   [Filed Concurrently with Motion        to Strike]
                                                                               )   Date:   December 20, 2021
           16                                                                  )   Time:   9:30 a.m.
                                                                               )   Dept:  501
           17                                                                  )
                                                                               )   Complaint Filed: January 25, 2021
           18                                                                  )   Trial Date:  Not Set

           19

           20     TO ALL PARTIES AND THEIR COUNSEL OF RECORD:

           21              PLEASE TAKE     NOTICE that, on     December 20, 2021       at 9:30 a.m.    or as soon thereafter as the    matter

           22     may be heard,    in Department 501      of this Court,  located at 400 McAllister Street, San     Francisco, CA 94102,

           23     Defendant 460 FRANCISCO STREET HOA (the "HOA Defendant") will, and                      hereby does, demur to the      Fifth,

           24     and Sixth Causes of Action     in Plaintiff's Third Amended     Complaint ("TAC")     on the following   grounds:

           25              A.       The Fifth Cause of Action, for Intentional     Infliction of Emotional   Distress is vague and

           26                       uncertain and fails to state facts sufficient to constitute a cause of action      against the  HOA

           27                       Defendant.    The cause of action    is also uncertain as to what events and      conduct it is based

           28                       on, and   it is barred by the statute of limitations to the extent it is based   on the events and


                        DEFENDANT 460 FRANCISCO ST HOA'S NOTICE OF DEMURRER AND DEMURRER TO PLAINTIFF'S THIRD AMENDED
                                                       COMPLAINT; DECLARATION OF MICAH A. H. YOSPE