Demurrer
SUPERIOR COURT, STATE OF CALIFORNIA COUNTY OF SANTA CLARA
Department 1 Honorable Eunice Lee, Presiding TBD, Courtroom Clerk 191 North First Street, San Jose, CA 95113
DATE: June 4, 2026 TIME: 9:00 A.M. and 9:01 A.M.
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LAW AND MOTION TENTATIVE RULINGS 4
LINE 2 25CV469138
Jiaojiao Ye vs Tracy Chang et al Demurrer Defendant Chang filed this demurrer to the complaint on September 5, 2025, the motion was accompanied by a proof of service indicating electronic service to the plaintiff on that same day. An additional proof of service via electronic service was filed on September 24, 2026.
The motion is unopposed. Per Code of Civil Procedure section 1005(b) opposition papers were due on May 21, 2026. No opposition papers were filed. A failure to oppose a motion may be deemed a consent to the granting of the motion. (California Rule of Court Rule 8.54(c); Sexton v. Superior Court (1997) 58 Cal.App.4th 1403, 1410). Failure to oppose a motion leads to the presumption that the plaintiff has no meritorious arguments. (Laguna Auto Body v. Farmers Ins. Exchange (1991) 231 Cal.App.3d 481, 489).
Pursuant to Code of Civil Procedure section 430.10, a party may demur to a complaint on the grounds that it “does not state facts sufficient to constitute a cause of action.” (
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Moving party meets its burden. Based on the foregoing, the Court SUSTAINS the demurrer. Moving party to prepare the formal Order.