LISA MOSCHETTI VS. AMERICAN ASSETS, INC. ET AL

Set for Law and Motion/Discovery Calendar on Monday, December 29, 2025, Line 5. Defendants The One Group, LLC and STK Steakhouse's Demurrer to Amended Complaint is SUSTAINED WITH LEAVE TO AMEND.

The court takes Plaintiff's "Notice of Second Amended Complaint in Opposition" as an opposition seeking leave to amend. The court, thus, sustains the demurrer and grants Plaintiff leave to amend by filing a Second Amended Complaint. Any alleged deficiencies in the SAC can be addressed after Plaintiff files the SAC.

Plaintiff is admonished that she must fulfill her duties to confer with opposing counsel as appropriate. Defendants' counsel reports efforts to confer with Plaintiff regarding the demurrer, as required by the Legislature. (See Code of Civil Procedure section 430.41.) Plaintiff failed to fulfill her duty to discuss the issues with the other parties. The Legislature has imposed a duty to meet and confer on all parties. Meet and confer is especially important in connection with scheduling orders, anticipated demurrers, motions to strike and all discovery disagreements. Plaintiff is ordered to meet and confer with the other parties to this litigation as required by the Legislature. Plaintiff must file her Second Amended Complaint no later that January 15, 2026.

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/JMQ) | |