LEE vs ALAMEDA UNIFIED SCHOOL DISTRICT

25CV137627: LEE vs ALAMEDA UNIFIED SCHOOL DISTRICT 09/03/2026 Hearing on Demurrer Defendant Alameda Unified School District's Demurrer to Plaintiff's First Amended Complaint; filed by Lester Lee (Plaintiff) + CRS# 043810049858 in Department 517

Tentative Ruling - 08/31/2026 Keith Fong

The Hearing on Motion to Strike Defendant Alameda Unified School District's Motion to Strike Portions of Plaintiff's First Amended Complaint; filed by Alameda Unified School District (Defendant) CRS# 477408954373 scheduled for 09/03/2026 and the Hearing on Demurrer Defendant Alameda Unified School District's Demurrer to Plaintiff's First Amended Complaint; filed by Lester Lee (Plaintiff) + CRS# 043810049858 scheduled for 09/03/2026 are continued to 10/15/2026 at 02:30 PM in Department 517 at Hayward Hall of Justice.

The hearing on the demurrer and motion to strike is CONTINUED to October 15, 2026 at 2:30 PM in Department 517.

Plaintiff Lester Lee, who is in pro per, filed a declaration stating that he did not receive service of the moving papers nor did he authorize electronic service. The declaration is accompanied by an unsigned proof of service.

In light of the potential issues with service, the Court is continuing the hearing to permit Plaintiff an opportunity to oppose the demurrer and motion to strike. Defendant shall ensure that Plaintiff is served with the moving papers no later than Friday, September 4, 2026. Opposition and reply shall be per Code, as to the continued hearing date. The Court will treat any failure to file opposition papers as an admission that the demurrer and motion to strike is meritorious. (See Sexton v. Superior Court (1997) 58 Cal.App.4th 1403, 1410.)

The parties are reminded that Code of Civil Procedure section 1005(c) requires that “all papers opposing a motion and all reply papers shall be served by personal delivery, facsimile transmission, express mail, or other means consistent with Sections 1010, 1011, 1012, and 1013, and reasonably calculated to ensure delivery to the other party or parties not later than the close of the next business day after the time the opposing papers or reply papers, as applicable, are filed.” (Emphasis added.)