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CGC23605259·sf·Civil·Civil
Hearing about 1 year agoCONTINUED

FABIAN PHILLIP COOKIE JR VS. BOUTIQUE AIR, INC., ET AL

MOTION TO STRIKE 1ST Amended COMPLAINT

Hearing date
Jun 5, 2025
Department
301
Judge
Prevailing
N/A
Next hearing
Jul 1, 2025

Motion type

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Parties

PlaintiffFABIAN PHILLIP COOKIE JR
DefendantBOUTIQUE AIR, INC.
DefendantOPEN TRIP INC. DBA BOUTIQUE AIR

Ruling

Matter on the Law & Motion/Discovery Calendar for Thursday, June 05, 2025, line 4, 2 - DEFENDANTS BOUTIQUE AIR, INC., A CALIFORNIA CORPORATION, OPEN TRIP INC. DBA BOUTIQUE AIR'S MOTION TO STRIKE 1ST Amended COMPLAINT

The court continues hearing on the motion to strike on its own motion to July 1, 2025.

The Rosas Declaration establishes that plaintiff did not satisfy his obligation during meet and confer efforts to "provide legal support for its position that the pleading is legally sufficient, or, in the alternative, how the pleading could be amended to cure any legal insufficiency." (CCP 435.5(a)(1).)

The court orders plaintiff to meet and confer in good faith concerning the issues defendant has identified and to file a declaration with the court by no later than five court days in advance of the continued hearing date describing his compliance with the cited statute.

If the parties' meet and confer efforts result in an amendment to the operative complaint, the parties are ordered to advise the court five court days in advance of the continued hearing date as the demurrer will be mooted by the filing of an amended complaint.

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.

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) | |

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