Judge: Christian R. Gullon, Case: 24PSCV04030, Date: 2025-04-03 Tentative Ruling

Case Number: 24PSCV04030    Hearing Date: April 3, 2025    Dept: O

Tentative Ruling

(1)   Defendant’s Demurrer is CONTINUED.

(2)   Defendant’s Motion to Strike Plaintiff’s First Amended Complaint is CONTINUED.

No demurrer is on file.

Background

This is a quiet title action. Plaintiff XIAODONG BAI alleges the following against Defendants ESPORTS TECHNOLOGY INC. (“ETI”) and YAT HONG CHU (“Defendant”): In 2016, Plaintiff facilitated an investment opportunity for Defendant. Plaintiff was not a party to the agreement but was held liable for contractual disputes such that Plaintiff was coerced into signing a Deed of Trust which name ETI as the beneficiary. Sterling Bank, the Holder of the Deed of Trust in first position, has commenced foreclosure proceedings.

On November 21, 2024, Plaintiff file a verified complaint:

1.     DECLARATORY RELIEF

2.     CANCELLATION OF WRITTEN INSTRUMENT

3.     QUIET TITLE

4.     FRAUD

5.     SLANDER OF TITLE

6.     INJUNCTIVE RELIEF

On February 3, 2025, Plaintiff filed a first amended complaint (FAC) for:

1.     Quiet title and

2.     Declaratory relief

On March 6, 2025, Defendant filed a motion for sanctions under CCP section 128.7. The motion is brief and argues that “Plaintiff originally asserted causes of action for Declaratory Relief, Cancellation of Written Instrument, Quiet Title. Fraud, Slander. and Injunctive Relief. which were voluntarily dismissed” which warrants sanctions.

On March 10, 2025, Plaintiff filed an opposition to the demurrer.

On March 13, 2025, Defendant filed a motion to strike; which is erroneously labeled as a demurrer in the docket.

On March 24, 2025, Plaintiff filed an opposition to the motion for sanctions.

On March 28, 2025, Defendant filed a reply to Plaintiff’s opposition to the demurrer.

Discussion

There is no demurrer on file. Thus, the hearings are continued.