Yu v. Universal Waste Systems, Inc.

113 Yu v. Universal Waste DEMURRERS TO AMENDED COMPLAINT – Systems, Inc., 2026- SUSTAINED WITH LEAVE TO AMEND 10548728 MOTION TO STRIKE – GRANTED On February 27, 2026, Plaintiff Shihu Yu, proceeding in pro per, filed the operative First Amended Complaint against Defendants WM Collection & Recycling, Inc., BHE Management Corporation, Dedicated Transportation Services, Inc. and DOES 1-20, which contains the following causes of action: (1) negligence pursuant to Civil Code section 1714(a), (2) violation of Unruh Civil Rights Act, Civil Code section 51, (3) wrongful towing from disabled space pursuant to Vehicle Code sections 22658 and 22511.8, and (4) conversion pursuant to Civil Code sections 3336 and 3337. (ROA 10.)

Defendant Dedicated Transportation Services, Inc. demurs to the entire complaint for failure to state facts sufficient to constitute a cause of action and uncertainty. (ROA 24.) Defendant BHE Management Corporation also demurs all causes of action alleged in the complaint and further moves to strike Plaintiff’s claim for punitive damages. (ROAs 32.)

Plaintiff failed to oppose the motion. Based on the non- opposition, the Court may “deem plaintiff[] to have abandoned the issues” or “claims” addressed in the Demurrers and Motion to Strike. (Herzberg v. County of Plumas (2005) 133 Cal.App.4th 1, 20.) The non- opposition is considered an implied concession to the merit of Defendants’ arguments presented in the Demurrers and Motions to Strike. (Herzberg v. County of Plumas (2005) 133 Cal.App.4th 1, 20; DuPont Merck Pharmaceutical Co. v. Superior Court (2000) 78 Cal.App.4th 562, 566, as modified (Jan. 25, 2000) [“By failing to argue the contrary, plaintiffs concede this issue.”]; Glendale Redevelopment Agency v.

Parks (1993) 18 Cal.App.4th 1409, 1424 [holding that “by failed to address” an issue, the issue is “impliedly concede[d].”]; and Westside Center Associates v. Safeway Stores 23, Inc. (1996) 42 Cal.App.4th 507, 529 [“Its failure to address the threshold question of intent effectively concedes that issue and renders its remaining arguments moot.”].)