JUNHAI BAI ET AL VS. STEPHANIE YIP ET AL

Matter on the Law & Motion/Discovery Calendar for Friday, September 12, 2025, line 1, 1 - DEFENDANTS STEPHANIE YIP, SAN FRANCISCO UNIFIED SCHOOL DISTRICT'S DEMURRER to Amended COMPLAINT The declaration of counsel establishes that defendants attempted to meet and confer via email to meet and confer pursuant to Code of Civil Procedure 430.41 prior to filing the Demurrer to Amended Complaint on June 5, 2025.

On April 22, 2025, Plaintiffs filed a request for a "direct judgment based on facts according to [the First District Court of Appeal.]" Plaintiffs further stated they would be out of the country between June and November, 2025. On April 28, 2025, Plaintiffs filed a written document explaining that it was impossible to comply with Judge Van Aiken's April 17, 2025 order to re-file their First Amended Complaint because that document had been lost and no longer exists. Finally, Plaintiffs suggested in an email to defense counsel on May 24, 2025 that they would be available to meet and confer after August 18, 2025. Yet when defense counsel attempted to contact Plaintiffs by email after August 18, 2025, Plaintiffs did not respond.

The document titled "Plaintiff required to smooth out the injure and give the defendant due compensation," filed on May 20, 2025, shall be referred to herein as "First Amended Complaint," or "FAC." The FAC fails to adequately state a cause of action against defendants for the following reasons: (a) some of the allegations are vague and unclear; (b) the FAC fails to allege that the minor plaintiff is appearing through a Guardian Ad Litem; (c) the FAC fails to allege compliance with the Government Tort Claims Act; and (d) fails to adequately allege a cause of cause for intentional or negligent infliction of emotional distress.

Accordingly, the demurrer is sustained with 30 days leave to amend. Defense counsel shall submit a proposed order after hearing to contestdept301tr@sftc.org.

For the 9:00 a.m. calendar, all attorneys and parties may appear in Department 301 remotely or in person. Remote hearings will be conducted by videoconference using Zoom. (Dept. 301 Zoom ID 161 502 4290; Passcode 700956.) 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 contestdept301tr@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.

The court no longer provides a court reporter in the Law & Motion or Discovery 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. = (301/CFM) | |