ALAN ZIMMERMAN ET AL VS. LAW OFFICES OF KAPLAN & MACLELLAN ET AL

SF Superior Court - Law & Motion / Discovery Dept 302 - CGC25626306 - December 16, 2025 Hearing date: December 16, 2025 Case number: CGC25626306 Case title: ALAN ZIMMERMAN ET AL VS. LAW OFFICES OF KAPLAN & MACLELLAN ET AL Case Number: | | CGC25626306 | Case Title: | | ALAN ZIMMERMAN ET AL VS. LAW OFFICES OF KAPLAN & MACLELLAN ET AL | Court Date: | | 2025-12-16 09:00 AM | Calendar Matter: | | MOTION TO STRIKE COMPLAINT | Rulings: | | On the Law & Motion/Discovery calendar for Tuesday, December 16, 2025, Line 9, 2. DEFENDANT DOUGLAS MACLELLAN MOTION TO STRIKE COMPLAINT.

Defendant Douglas Cameron Maclellan's Motion to Strike is DENIED. Defendant's unopposed request for judicial notice is granted only as to exhibits 1, 9 & 10. (See Evidence Code section 425(c) & (d).) Notice is limited to the relevant facts properly subject to notice given the materials presented and does not, for example, extend to the truth of assertions in pleadings or transcripts. (See Richtek USA, Inc. v. UPI Semiconductor Corp. (2015) 242 Cal.App.4th 651, 659-660.) "Although the existence of a document may be judicially noticeable, the truth of statements contained in the document and its proper interpretation are not subject to judicial notice if those matters are reasonably disputable." (Fremont Indem. Co. v. Fremont Gen. Corp. (2007) 148 Cal.App.4th 97, 114.)

The other requests are denied. The court finds the entire docket of the underlying action is not relevant to the demurrer. The court does not find exhibits 2-8, 11 & 12 relevant.

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." (CCP sec 452.)

Several of Defendant's contentions are addressed in the Order on the Demurrer issued this same day and those discussions are incorporated by reference. The court declines to exercise its discretion to strike other text, finding none of the challenged text is irrelevant, false, or improper to the extent of compelling an order striking it and none is not drawn or filed in conformity with the laws of this state, a court rule, or an order of the court.

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) | |