| Case | County / Judge | Motion | Ruling | Indexed | Hearing |
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DEMURRER to COMPLAINT
SF Superior Court - Law & Motion / Discovery Dept 302 - CGC25628442 - December 1, 2025 Hearing date: December 1, 2025 Case number: CGC25628442 Case title: ALEXANDER XUE VS. HMS BEAGLE, LLC Case Number: | | CGC25628442 | Case Title: | | ALEXANDER XUE VS. HMS BEAGLE, LLC | Court Date: | | 2025-12-01 09:00 AM | Calendar Matter: | | DEMURRER to COMPLAINT | Rulings: | | On the Law & Motion/Discovery calendar for Monday, December 1, 2025, Line 10, DEFENDANT HMS BEAGLE, LLC'S DEMURRER TO COMPLAINT.
Defendant's demurrer to causes of action 3 - 5 under the Consumer Legal Remedies Act ("CLRA") is OVERRULED. Defendant's demurrer is based on Code of Civil Procedure section 430.10(e). The issue under section 430.10(e) is, taking the facts properly pleaded and properly noticed as true, does the challenged cause of action necessarily fail to state a cause for relief. (See CCP section 430.10(e); Blank v. Kirwan (1985) 39 Cal.3d 311, 318.)
In assessing whether the complaint states a cause of action, the court accepts all properly pleaded material facts, but not contentions, deductions, or conclusions of fact or law. (Minton v. Dignity Health (2019) 39 Cal.App.5th 1155, 1161.) "[I]f, on consideration of all facts stated, it appears that plaintiff is entitled to any relief against defendant, the complaint will be held good, though facts may not be clearly stated, or may be intermingled with a statement of other facts irrelevant to cause of action shown, or though plaintiff may demand relief to which he is not entitled under facts alleged." (Augustine v. Trucco (1954) 124 Cal.App.2d 229, 236, quoting Matteson v. Wagoner (1905) 147 Cal. 739, 742.)
In this case, defendant argues that the CLRA claims are defective because plaintiff failed to comply with its 30-day notice requirement. (See Civil Code section 1782(a).) That prerequisite, however, only applies to "an action for damages." (Id.; see also Lunada Biomedical v. Nunez (2014) 230 Cal.App.4th 459, 471
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The court overrules the demurrer. While the complaint references damages under the CLRA (Complaint, 5:14-15), the prayer for relief makes it clear that plaintiff is only seeking injunctive relief on the CLRA claims (causes of action 3 - 5). (Complaint, 7:2-12). Since plaintiff is not seeking damages on these claims, he did not need to comply with the notice requirement.
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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) |