| Case | County / Judge | Motion | Ruling | Indexed | Hearing |
|---|
Motion for Summary Judgment
SF Superior Court - Law & Motion / Discovery Dept 302 - CGC24620724 - October 21, 2025 Hearing date: October 21, 2025 Case number: CGC24620724 Case title: YUN PENG VS. DIGNITY HEALTH Case Number: | | CGC24620724 | Case Title: | | YUN PENG VS. DIGNITY HEALTH | Court Date: | | 2025-10-21 09:00 AM | Calendar Matter: | | MOTION FOR SUMMARY JUDGMENT / Motion For Summary Judgmentpoints And Authorities On Legal Theory Of Unjust Enrichment | Rulings: | | On the Law and Motion/Discovery calendar for October 21, 2025, line 8. PLAINTIFF YUN PENG'S MOTION FOR SUMMARY JUDGMENT.
Plaintiff's "motion for summary judgment" is denied.
First, the motion is moot. On September 29, 2025, plaintiff filed an amended complaint. The amended complaint supersedes the original complaint and plaintiff's motion is directed to the superseded original complaint. (See State Compensation Insurance Fund v. Superior Court (2010) 184 Cal.App.4th 1124, 1130 ["It is well established that an amendatory pleading supersedes the original one, which ceases to perform any function as a pleading... Because there is but one complaint in a civil action [citation], the filing of an amended complaint moots a motion directed to a prior complaint... [O]nce an amended complaint is filed, it is error to grant summary adjudication on a cause of action contained in a previous complaint." (cleaned up).].)
Second, plaintiff seeks "summary judgment," but only addresses the cause of action for unjust enrichment (restitution). To prevail, plaintiff would need to show that he is entitled to judgment on the "action," that is, judgment on all of his pleaded claims. (See CCP 437c(a).) Plaintiff has not made that showing.
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.
Looking for case law or statutes not cited here? Search published authorities
Examples: “Why did the court rule this way?” · “What were the procedural grounds?” · “Is appearance required?”
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/SKF) | |