HAIQING QIU VS. EMPLOYMENT DEVELOPMENT DEPARTMENT STATE OF

SF Superior Court - Law & Motion / Discovery Dept 301 - CGC23608773 - August 5, 2025 Hearing date: August 5, 2025 Case number: CGC23608773 Case title: HAIQING QIU VS. EMPLOYMENT DEVELOPMENT DEPARTMENT STATE OF Case Number: | | CGC23608773 | Case Title: | | HAIQING QIU VS. EMPLOYMENT DEVELOPMENT DEPARTMENT STATE OF | Court Date: | | 2025-08-05 09:00 AM | Calendar Matter: | | Notice Of Motion And Motion To Strike Improperly Filed "Second Amended Complaint Part Two" Or, In The Alternative, Reply In Support Of Motion To Dismiss Second Amended Complaint | Rulings: | | Matter on Calendar for Tuesday, August 5, 2025, Line 5, 1. DEFENDANT EMPLOYMENT DEVELOPMENT DEPARTMENT'S Motion To Strike Improperly Filed "Second Amended Complaint Part Two" Or, In The Alternative, Reply In Support Of Motion To Dismiss Second Amended Complaint.

Defendant the Employment Development Department of the State of California (EDD)'s motion to strike the document captioned "Second Amended Complaint Part Two" is granted. Plaintiff Hiaqing Qiu was granted leave to amend the complaint and did so by a filing dated April 16, 2025. The document that is the subject of this motion, "SAC Part Two," was filed on May 29, 2025. Construed as a pleading, SAC Part Two is stricken because it was filed without leave of the court. (See Code Civ. Proc. 472(a) [party may file an amended pleading once only at times specified by statute].)

The court has also construed SAC Part Two as an opposition to EDD's demurrer and as an offer of what Qiu could plead if given further leave to amend. As discussed in the companion order on EDD's demurrer, Qiu has not identified facts that could be pled that would survive demurrer.

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.

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 contestdept301tr@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 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. =(302/CVA) | |