Judge: Michael Small, Case: 24STCV02849, Date: 2024-09-03 Tentative Ruling

Case Number: 24STCV02849    Hearing Date: September 3, 2024    Dept: 57

Defendant's demurrer to the Plaintiff's First Amended Complaint ("the FAC") is overruled to the extent that the demurrer is based on the proposition that Plaintiff lacks associational standing to pursue its claims against the Defendant.  In the Court's view, the Plaintiff does have associational standing.  The demurrer also is overruled to the extent that it is based on the proposition that, even if the Plaintiff has associational standing, the FAC contains insufficient allegations to support the first and fourth causes of action in the FAC.  The demurrer to the second and third causes of action is sustained with leave to amend.  Plaintiff's opposition to the demurrer fails to address Defendant's arguments that the FAC contains insufficient allegations to support the second and third causes of action.

The Defendant's motion to strike is granted.  As requested in that motion, the Court is striking portions of the FAC that seek an order compelling Defendant to update its 2024 Franchise Disclosure Document to include references to Plaintiff.  That prayer for relief is moot.  The Court also is striking Plaintiff's requests for attorney's fees in connection with the first and fourth causes of action in the FAC.  The FAC fails to allege sufficient statutory bases for those attorney's fees requests. 

Plaintiff shall serve and file its Second Amended Complaint by September 24, 2024.