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25-CIV-07539·sanmateo·Civil·Civil
Hearing about 2 months agoCONTINUED

HAMID KHAZAELI VS. 21X CAPITAL LP, ET AL

Defendants’ Demurrer to First Amended Complaint

Hearing date
Jul 17, 2026
Department
Dept. 20
Prevailing
N/A
Next hearing
Jan 15, 2027
Appearance
Not required

Motion type

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Parties

PlaintiffHAMID KHAZAELI
DefendantDAVID A. BREWER

Attorneys

JOHN S. CLAASSENfor Defendant

Ruling

July 17, 2026 Law and Motion Calendar PAGE 20 HONORABLE MICHAEL L. MAU, Department 20 ________________________________________________________________________ 9:00 AM Line 9 25-CIV-07539 HAMID KHAZAELI VS. 21X CAPITAL LP, ET AL

HAMID KHAZAELI PRO SE DAVID A BREWER JOHN S. CLAASSEN

Defendants’ Demurrer to First Amended Complaint (C.C.P. § 430.10 & C.C. § 1714.10)

TENTATIVE RULING:

The Demurrer to the First Amended Complaint by Defendants David A. Brewer, et al. (“Defendants”) is CONTINUED to January 15, 2027 at 9:00 a.m. in Department 20 (and replaces the anti-SLAPP motion in this case calendared for that date) so the court may first rule on Plaintiff’s pending motion for leave to conduct limited discovery regarding the anti-SLAPP motion and then rule on Defendants’ pending anti-SLAPP Motion. (See Salma v. Capon (2008) 161 Cal.App.4th 1275, 1293-1294 [a plaintiff cannot amend the pleading before the court rules on an anti-SLAPP motion], disagreed with on other grounds in Barker v.

Fox and Associates (2015) 240 Cal.App.4th 333, 351, fn. 7; see also Schaffer v. City and County of San Francisco (2008) 168 Cal.App.4th 992, 1005, citing Simmons v. Allstate Ins. Co. (2001) 92 Cal.App.4th 1068, 1073 [a plaintiff has no right to amend a cause of action that is dismissed pursuant to an anti- SLAPP motion because allowing leave to amend would completely undermine the anti-SLAPP statute (Code of Civil Procedure section 425.16)].)

No additional papers are to be filed and served by the parties regarding this Demurrer without leave of court.

The motion for leave to conduct limited discovery regarding the anti-SLAPP motion currently on calendar for August 7, 2026 at 9:00 a.m. is not changed.

The anti-SLAPP motion that was calendared for January 15, 2027, is ADVANCED to October 9, 2026, at 9:00 a.m. in Department 20.

No appearances are required, and this shall become the order of the Court by Minute Order.

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