HENRY SY VS. ELISEO SY ET AL

Matter on the Law & Motion/Discovery Calendar for Tuesday July 1, 2025, line 4, DEFENDANT PROFOOD TROPICAL FRUITS, INC.'S DEMURRER to Amended COMPLAINT

Defendant Profood Tropical Fruits, Inc. (Profood Tropical) demurs to certain causes of action of plaintiff Henry Sy's third amended complaint (TAC). Profood Tropical contends that Sy's third cause of action for violations of the Unfair Competition Law (UCL) fail to state a claim, are time barred and uncertain, and that Sy lacks standing. Profood Tropical makes the same contentions about the fifth cause of action for intentional interference with prospective economic advantage.

The court takes all of the facts pleaded in the TAC as true and gives the complaint a liberal construction. For the reasons stated herein, the court overrules the demurrer to the third cause of action and sustains it without leave to amend as to the fifth cause of action.

*THE COURT'S FULL AND COMPLETE TENTATIVE RULING HAS BEEN EMAILED TO COUNSEL*

For the 9:00 a.m. calendar, all attorneys and parties may appear in Department 301 remotely or in person. Remote hearings will be conducted by videoconference using Zoom. (Dept. 301 Zoom ID 161 502 4290; Passcode 700956.) 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 contestdept301tr@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 moving party is required to prepare a proposed order which repeats verbatim the substantive portion of the tentative ruling and must email it to contestdept301tr@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 or Discovery 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/CVA) | |