ROBERT Q HOANG VS. ANDERSEN, JUNG & CO., ET AL

SF Superior Court - Real Property / Housing Dept 501 - CGC22603018 - August 19, 2025 Hearing date: August 19, 2025 Case number: CGC22603018 Case title: ROBERT Q HOANG VS. ANDERSEN, JUNG & CO., ET AL Case Number: | | CGC22603018 | Case Title: | | ROBERT Q HOANG VS. ANDERSEN, JUNG & CO., ET AL | Court Date: | | 2025-08-19 09:30 AM | Calendar Matter: | | MOTION TO STRIKE Amended COMPLAINT | Rulings: | | Real Property/Housing Court Motion calendar for August 19, 2025, line 1.

Defendants' Motion to Strike Amended Complaint is DENIED. The Court "shall grant 30 days" for Plaintiff to amend the pleading following a motion for judgment on the pleadings. (C.C.P. 438(h)(2)). "[A]s a matter of common law [] the time to amend a complaint following a judgment on the pleadings runs from the service of the notice required by section 1019.5." (People v. $20,000 U.S. Currency (1991) 235 Cal.App.3d 682, 691-692). Under that section, "notice of the court's decision or order shall be given by the prevailing party to all other parties or their attorneys" (C.C.P. 1019.5(a)).

Here, neither party served the February 26, 2025 order. The parties mistakenly state that the Court required Plaintiff to serve the order when the Court's tentative ruling required the "prevailing party" to prepare the order. The order denied Defendants' Motion for Summary Judgment, yet granted the motion after treating it as a Motion for Judgment on the Pleadings. Thus, although Plaintiff prepared the proposed order, it was not the prevailing party required to serve the order. In any event, even if Plaintiff were the prevailing party, nothing in C.C.P. Sections 436 or 438 requires this Court to strike the SAC and enter judgment in Defendant's favor. On these facts, the Court declines to do so. =(501/CFH)

Parties may appear in-person, telephonically or via Zoom (Video - Webinar ID: 160 560 5023; Password: 172849; or Phone Dial in: (669) 254-5252; Webinar ID: 160 560 5023; Password: 172849). Parties who intend to appear at the hearing must give notice to opposing parties and the court promptly, but no later than 4:00 p.m. the court day before the hearing unless the tentative ruling has specified that a hearing is required. Notice of contesting a tent ative ruling shall be provided by sending an email to the court to Department501ContestTR@sftc.org with a copy to all other parties stating, without argument, the portion(s) of the tentative ruling that the party contests. A party may not argue at the hearing if the opposing party is not so notified and the opposing party does not appear. | |