THOMAS HENRY VS. JAMES M. NADEAU ET AL

Matter on Calendar for Monday, August 11, 2025, Line 7, 1. DEFENDANTS AIRBNB, INC., AIRBNB PAYMENTS, INC.'S DEMURRER TO 2ND AMENDED COMPLAINT.

Defendants' (Airbnb, Inc. and Airbnb Payments, Inc. ("Airbnb")) demurrer to plaintiff Thomas Henry's Second Amended Complaint (SAC) is overruled as to the first, second, and fourth causes of action and sustained without leave to amend as to the third cause of action. The court grants Airbnb's requests for judicial notice. (Michaels v. Turk (2015) 239 Cal.App.4th 1411, 1414 n.2 (2015) [judicially noticing a company's "terms of service"].) Airbnb's demurrer to the UCL cause of action four is overruled; its only argument is that it is derivative of the other causes of action. (The Court's complete tentative ruling was e-mailed to all parties.)

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) | |