Demurrer; Motion to Strike
SUPERIOR COURT OF CALIFORNIA COUNTY OF ALAMEDA 26CV181358: ADDITIONAL TECHNOLOGY SECURITY, INC. DOING BUSINESS AS ABC5500 vs MYCARE LABS, et al. 06/04/2026 Hearing on Demurrer and Motion to Strike in Department 511 Tentative Ruling - 06/02/2026 Julie Wilensky The Hearing on Demurrer and Motion to Strike scheduled for 06/04/2026 is continued to 06/18/2026 at 09:30 AM in Department 511 at Hayward Hall of Justice. NOTICE: All attorneys and unrepresented parties who contest the tentative ruling and request an opportunity to present their arguments at the hearing must notify all other parties of their intention to appear by telephone or in person no later than the day before the hearing, by 4:00 p.m.
PT. Parties and attorneys must also formally indicate their objection on eCourt and by sending an email message to the Department 511 clerk at Dept511@alameda.courts.ca.gov. The parties and attorneys must clearly indicate in their email messages the name of the case and the case number. The tentative ruling will become the ruling of the Court if the Court has not directed oral argument by its tentative ruling and notice of a partys intent to appear is not received by the deadline. See California Rule of Court 3.1308(a)(1) and Alameda County Superior Court Local Rule 3.30(d).
The hearing on the demurrer of Defendants Mycare Labs and Herjit Singh (aka Herjit Harvey Singh) to the Complaint of Plaintiff Additional Technology Security, Inc. for unlawful detainer, pursuant to CCP §§ 430.10(e) and (f), is CONTINUED to June 18, 2026, at 9:30 a.m., in Department 511. Plaintiff filed its Complaint for commercial unlawful detainer against Defendants on April 10, 2026. The property is in Fremont. Plaintiffs claim is based on Defendants alleged failure to pay rent. See CCP § 1161(2).
Plaintiff attached a copy of the Sublease Agreement, dated April 10, 2025, to the Complaint. See CCP § 1166
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Defendants filed their demurrer and Answer on April 28, 2026. Defendants argue that Plaintiff did not allege sufficient facts to state a cause of action for unlawful detainer because it did not explain how it calculated the $52,560.00 demanded in the Three-Day Notice. Defendants contend that Plaintiff is required to identify the exact sum demanded in the Three-Day Notice and explain how it calculated the amount demanded. The Court declines to proceed with the hearing on Defendants demurrer because Defendant Singh may not appear to represent the interests of his corporation, Mycare Labs.
See Merco Const. Engineers, Inc. v. Municipal Court (1978) 21 Cal.3d 724, 731 (corporations are not natural people and therefore must be represented by counsel). Defendant Singh is advised that he
SUPERIOR COURT OF CALIFORNIA COUNTY OF ALAMEDA 26CV181358: ADDITIONAL TECHNOLOGY SECURITY, INC. DOING BUSINESS AS ABC5500 vs MYCARE LABS, et al. 06/04/2026 Hearing on Demurrer and Motion to Strike in Department 511 should undertake efforts to retain counsel for Mycare Labs. Defendant shall have until June 11, 2026 to file a Notice of Substitution of Attorney. If it does not comply, the Court will drop the demurrer of Mycare Labs from the law and motion calendar on June 18, 2026. Defendants shall have until June 12, 2026 to file and serve their supplemental memorandum in support of the demurrer.
Defendants are not required to file any additional papers. However, if they choose to do so, they must file the papers by June 12, 2026. The papers, if any, shall be served on Plaintiffs attorneys by electronic mail on June 12, 2026. If Plaintiff elects to file a supplemental memorandum in opposition to the demurrer, its attorneys shall have until June 16, 2026 to file its supplemental papers. The Court will prepare the order. The court clerk will mail a copy of the order to the parties. Defendants shall file and serve the notice of entry of order on Plaintiffs attorneys no later than June 9, 2026.