JACOB FRIEDENBERG VS. TONIC AI, INC., A DELAWARE CORPORATION ET AL

Set for Law and Motion/Discovery Calendar on Monday, May 04, 2026, Line 7.

2 - Defendant Tonic AI, Inc.'s motion to strike Plaintiff Jacob Friedenberg's Second Amended Complaint (SAC) is GRANTED.

A party may move to strike under Code of Civil Procedure section 436 "any irrelevant, false, or improper matter inserted in any pleading" or "all or any part of any pleading not drawn or filed in conformity with the laws of this state, a court rule, or an order of the court." "In the construction of a pleading, for the purpose of determining its effect, its allegations must be liberally construed, with a view to substantial justice between the parties." (Code of Civil Procedure section 452.)

Defendant moves to strike paragraph 38, p. 9:22, which states, "and hence are wages under the Labor Code" and "Labor Code 218.5 entitles Plaintiff to his attorneys' fees and costs" and paragraph 2 of the prayer for the First Cause of Action, p. 14:24, which states, "[f]or attorney's fees and costs under Labor Code 218.5."

As noted in the companion demurrer, and as the court noted in its July 24, 2025 Order granting Defendant's motion to strike nearly identical provisions, there is a presumption that Labor Code statutes do not apply extraterritorially. Since Plaintiff fails to cite a contrary indication from the Legislature, the adduced allegations and prayer for relief are "improper" within the meaning of Code of Civil Procedure section 436, subdivision (a).

For the 9:00 a.m. calendar, all attorneys and parties may appear in Department 302 remotely or in person. Remote hearings will be conducted by videoconference using Zoom. (Dept. 302 Zoom ID 160 409 7690; Passcode 516287.) To appear remotely at the hearing, go to the court's website at sfsuperiorcourt.org under "Online Services," navigate to "Tentative Rulings," and click on the appropriate link, or dial the corresponding phone number.

Any party who contests a tentative ruling must send an email to contestdept302tr@sftc.org with a copy to all other parties by 4pm stating, without argument, the portion(s) of the tentative ruling that the party contests. The subject line of the email shall include the line number, case name and case number. The text of the email shall include the name and contact information, including email address, of the attorney or party who will appear at the hearing.

Counsel for the prevailing party is required to prepare a proposed order which repeats verbatim the substantive portion of the tentative ruling and must email it to contestdept302tr@sftc.org prior to the hearing even if the tentative ruling is not contested.

The court no longer provides a court reporter in the Law & Motion Department. Parties may retain their own reporter, who may appear in the courtroom or remotely. A retained reporter must be a California certified court reporter (CSR), for only a CSR's transcript may be used in California courts. If a CSR is being retained, include in your email all of the following: their name, CSR and telephone numbers, and their individual work email address. =(302/JMQ) | |