MICHAEL MULATE ARGAW VS. MARK ZUCKERBERG, CEO OF META PLATFORMS INC., ET AL

August 14, 2026 Law and Motion Calendar

HONORABLE MICHAEL L. MAU, Department 20 ________________________________________________________________________ 9:00 AM Line 6 25-CIV-09662 MICHAEL MULATE ARGAW VS. MARK ZUCKERBERG, CEO OF META PLATFORMS INC., ET AL

MICHAEL MULATE ARGAW PRO SE MARK ZUCKERBERG, CEO OF META PLATFORMS INC. MICHELLE VISSER

Defendants’ Demurrer to Complaint

TENTATIVE RULING:

Defendants Mark Zuckerberg’s and Meta Platforms, Inc.’s Demurrer to Complaint is ORDERED OFF CALENDAR.

The proof of service of the notice of demurrer and the accompanying papers indicates service was attempted by mail and electronic mail. (Mar. 20, 2026 Proof of Service, p. 2.) As to the latter manner of service, there is no indication that Plaintiff Michael Mulate Argaw has expressly consented to electronic service as an unrepresented party, which is required. (See Code Civ. Proc., § 1010.6, subd. (c) [requiring express consent to e-serve party appearing in propria persona]; Cal. Rules of Court, rule 2.251(b).)

As to the former, the mail was addressed to Argaw at 23940 Summit Ridge Terrace, Germantown, Maryland 20870. While apparently that may be Argaw’s address of record in prior or other pending cases, his address of record in this case is 12220 Hunter’s Chase Drive, Austin, Texas 78729. (Dec. 10, 2025 Complaint, p. 1; see Code Civ. Proc., § 1013, subd. (a) [mail must be addressed to office or residence]; Cal. Rules of Court, rule 2.111(1) [office or address is to be listed on first page of filing].)

Accordingly, there is no indication that notice of the demurrer was properly served, and a “court lacks jurisdiction to rule on a motion that has not been properly noticed for hearing on the date in question.” (Diaz v. Professional Community Management, Inc. (2017) 16 Cal.App.5th 1190, 1204–1205.) Therefore, the demurrer is ordered off calendar.

The hearing on the demurrer may be placed back on calendar by Defendants Mark Zuckerberg and Meta Platforms, Inc. by properly serving the demurrer and supporting papers along with filing and serving an amended notice of demurrer. If an amended notice is not filed within ten (10) days of entry of this order, then, at that time, the demurrer will be deemed overruled and Defendants Mark Zuckerberg and Meta Platforms, Inc. will have ten (10) days to answer or otherwise plead to the Complaint pursuant to rule 3.1320(j) of the California Rules of Court.

August 14, 2026 Law and Motion Calendar

HONORABLE MICHAEL L. MAU, Department 20 ________________________________________________________________________

Any party who contests a tentative ruling must email Dept20@sanmateocourt.org with a copy to all other parties by 4:00 p.m. stating, without argument, the portion(s) of the tentative ruling that the party contests.

If the tentative ruling is uncontested, it shall become the order of the Court. Thereafter, Counsel for the prevailing party shall prepare for the Court’s signature a written order consistent with the Court’s ruling pursuant to CRC Rule 3.1312 and provide written notice of the ruling to all parties who have appeared in the action, as required by law and by the CRC. Please note that Local Rule 3.403(b)(iv) states in part “prevailing party on a tentative ruling is required to prepare a proposed order REPEATING VERBATIM the tentative ruling” (emphasis added). The order should be filed or e-filed only, do not email or mail a hard copy to the Court.