TERRY vs MOMENTUS II, LLC, et al.

23CV040368: TERRY vs MOMENTUS II, LLC, et al. 08/07/2026 Hearing on Demurrer Demurrer Motion; filed by Momentus II, LLC (Defendant) + CRS# 789876333554 in Department 520

Tentative Ruling - 08/05/2026 Jamilah A. Jefferson

Defendants' Demurrer to the Eighth Cause of Action for Stalking in the Third Amended Complaint is SUSTAINED WITH LEAVE TO AMEND.

The Eighth Cause of Action alleges that various individuals stalked, harassed, and assaulted Plaintiffs. However, Plaintiffs do not appear to allege that the named Defendants (against whom this cause of action is alleged) directly or actively engaged in the alleged stalked, harassed, and assaulted. Plaintiffs bring the Eighth Cause of Action pursuant to Civil Code section 1708.7 which does not appear to anticipate a claim against an individual who did not directly or actively engage in the prohibited conduct. Given that the bulk of Plaintiffs' allegations appear to only allege "third party" conduct and not conduct of or by the named defendants, a claim does not appear to lie for violation of Civil Code section 1708.7. Plaintiffs cite to no contrary authority.

Defendants seek to have the Demurrer sustained without leave to amend. However, leave is given where amendment may be possible. It may be possible for Plaintiffs to articulate facts to support a claim alleging violation of Civil Code section 1708.7.

Plaintiffs shall file and serve an amended pleading addressing the Eighth Cause of Action only (and its supporting allegations) no later than August 27, 2026.

NOTICE: This tentative ruling will automatically become the court’s final order on August 7, 2026 unless, by no later than 4:00 P.M. on August 6, 2026, a party to the action notifies BOTH: 1) the court by emailing Dept520@alameda.courts.ca.gov; AND 2) all opposing counsel or selfrepresented parties (by telephone or email) that the party is contesting this tentative ruling.

The subject line (RE:) of the email must state: “Request for CONTESTED HEARING: [the case name], [number].” When a party emails to contest a tentative ruling, the party must identify the specific holding(s) within the ruling they wish to contest via oral argument.

The court does not provide court reporters for hearings in civil departments. A party who wants a record of the proceedings must engage a private court reporter. (Local Rule 3.95.) Any privately retained court reporter must also participate via video conference. Their email must be provided to the court at the time the Notice of Contest is emailed.

ALL CONTESTED LAW AND MOTION HEARINGS ARE CONDUCTED VIA REMOTE VIDEO unless an in person appearance is required by the court. Invitations to participate in the video proceeding will be sent by the court upon receipt of timely notice of contest. A party may give email notice that they will appear in court in person for the hearing, however all other 23CV040368: TERRY vs MOMENTUS II, LLC, et al. 08/07/2026 Hearing on Demurrer Demurrer Motion; filed by Momentus II, LLC (Defendant) + CRS# 789876333554 in Department 520 counsel/parties and the JUDGE MAY APPEAR REMOTELY.