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CGC25623810·sf·Civil·Personal Injury
Hearing about 1 month agoOverruled

THE ESTATE OF ROBERT HAROLD LEE, BY AND THROUGH ET AL VS. NIMA MOMENI ET AL

DEMURRER to Amended COMPLAINT

Hearing date
Jul 27, 2026
Department
302
Prevailing
Plaintiff

Motion type

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Causes of action

Parties

PlaintiffTHE ESTATE OF ROBERT HAROLD LEE
DefendantNIMA MOMENI
DefendantSECURITAS SECURITY SERVICES USA, INC.

Ruling

Set for Law and Motion/Discovery Calendar on Monday, July 27, 2026, Line 5.

3 - Defendant Securitas Security Services USA, Inc.'s demurrer to the seventh cause of action for invasion of privacy in the second amended complaint is overruled. The December 26, 2025 order sustaining Securitas' demurrer to the invasion of privacy claim in the complaint stated, quoting Catsouras v. Department of California Highway Patrol (2010) 181 Cal. App. 4th 856, 874 that plaintiffs were given leave to amend to allege "ultimate facts how the footage ... presented images for 'pure morbidity and sensationalism without legitimate public interest or law enforcement purpose.'" Paragraph 117 of the second amended complaint does just that by alleging that the footage "solely depicted BOB LEE's final dying moments while he was desperately seeking help to save his own life, visibly bleeding and leaving a trail of blood, and collapsing to the ground multiple times."

For the 9:00 a.m. calendar, all attorneys and parties may appear in Department 302 remotely or in person. Remote hearings will be conducted by videoconference using Zoom. (Dept. 302 Zoom ID 160 409 7690; Passcode 516287.) 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 contestdept302tr@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.

Counsel for the prevailing party is required to prepare a proposed order which repeats verbatim the substantive portion of the tentative ruling and must email it to contestdept302tr@sftc.org prior to the hearing even if the tentative ruling is not contested.

The court no longer provides a court reporter in the Law & Motion 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/HEK) | |

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