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CV0006636·marin·Civil·Civil
Hearing todayGRANTED

PAUL SOLON vs. DAVID SONG ET AL.

1) DEMURRER 2) MOTION - STRIKE

Hearing date
Sep 9, 2026
Department
H
Prevailing
Defendant

Motion type

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Parties

PlaintiffPAUL SOLON
DefendantDAVID SONG

Ruling

Defendants have demurred to Plaintiff’s First Amended Complaint and also move to strike all portions of Plaintiff’s claim for punitive damages. The Court continued the hearing on Plaintiff’s motion for extension of time to oppose the demurrer. Notwithstanding the continuance, Plaintiff did not oppose the demurrer or motion to strike. A failure to oppose a motion may be deemed a consent to the granting of the motion. (Cal. Rules of Court, rule 8.54, subd. (c).) Failure to oppose a motion may also lead to the presumption that [plaintiff] has no meritorious arguments. (See Laguna Auto Body v.

Farmers Ins. Exchange (1991) 231 Cal. App. 3d 481, 489, disapproved of by Garcia v. McCutchen (1997) 16 Cal.4th 469, on other grounds.) The Court grants Defendant’s motions in light of the non-opposition and sustains the demurrer as to the causes of action two through fifteen with leave to amend. The Court grants the motion to strike punitive damages without leave to amend. The amended complaint shall be filed within ten days of service of this order. All parties must comply with Marin County Superior Court Local Rules, Rule 2.10(B) to contest the tentative decision.

Parties who request oral argument are required to appear in person or remotely by ZOOM. Regardless of whether a party requests oral argument in accordance with Rule 2.10(B), the prevailing party shall prepare an order consistent with the announced ruling as required by Marin County Superior Court Local Rules, Rule 2.11.

The Zoom appearance information for September, 2026 is as follows: https://marin-courts-ca-gov.zoomgov.com/j/1615487764?pwd=Ob4B5J7LLKcpnkxzJjjEOSHNzEGafG.1

Meeting ID: 161 548 7764 Passcode: 502070

If you are unable to join by video, you may join by telephone by calling (669) 254-5252 and using the above-provided passcode. Zoom appearance information may also be found on the Court’s website: https://www.marin.courts.ca.gov

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