Quote Originally Posted by ByeFelicia101 View Post
1_. Defendant Trion Worlds Inc.’s Demurrer to the six cause of action and the
seventh cause of action for- violation of Business & Professions Code Section 17200
alleged in the Plaintiffs’ First Amended Complaint, on the basis that Plaintiffs lack
standing under Section 17203, is OVERRULED.
I
2. Defendant Trion Worlds Inc.’s Demurrer to the six cause of action and the.
seventh cause of action for violation of Business & Professiéns Code Section 17200
alleged in the Plaintiffs’ First Amended Complaint, on the basis that Plaintiffs fail to
allege facts sufficient to constitute an illegal lottery under California Penal Code section
319, is OVERRULED.
3. Defendant’s moving brief contains 8 footnotes in small print, and
Defendant’s reply brief contains 15 footnotes in small print. Skirting of the statutory
page limitations (without prior court orderj by over-use of footnotes is procedurally
improper. More importantly, the law requires that footnotes be in 12 point type! (CRC
Rule 2.104.) Plaintiffs are also reminded, as their two footnotes in the Opposition were
in improper font size. Future violations of these procedural obligations will likely result
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in striking of the briefs.
4. Defendant attempted to convert this demurrer on the pleadings into a
summary adjudication motion, by requesting that this Court extensively consider factual
evidence under the auspices of “judicial notice”. The Court declines to do so. The factual
and merits arguments of Defendant are more appropriately presented in a Section 437c
motiorli. Exhibit A attached to Defendant’s Memorandum of Points and Authorities in
Reply demurrer, which are pictures and information from the subject virtual reality game,
for which Defendant failed to formally request judicial notice, is STRICKEN as
procedurally improper. Defendant’s request for judicial notice of the End User License Agreement is DENIED and the Plaintiff’s Objections to judicial netice are SUSTAINED.
Plaintiffs sixth and seventh causes of action are not based upon the Agreement. The
EULA Agreement is not judicially noticeable as Plaintiffs only allegation pertaining to
' the EULA is in support of the jurisdictional allegations. (FAC, 1N5
—— 7.) Defendant
substantively relies on the EULA outside of the jurisdictional issue. (See, e. g., MPA ISO
Demurrer, filed 7/09/18, p. 8:10-21;19:5-10).
5. Defendant shall file and serve its Answer to the First Amended Complaint
on or before September 17, 2018.
6. A Case Management Conference is set for Friday, October 26, 2018 at
' 2:30 p.m. in Department 2 of this Court, located at Courtroom 2E, 400 County Center,
Redwood City, California.
7.
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In anticipation of the Case Management Cenference, counsel for the
parties should be prepared to discuss at the hearing and file written case management
conference statements (in prose and details, not using the standardized Judicial
Council form) with a courtesy copy delivered directly to Department 2 on or before
October 19, 2018, as to the following:
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a. Status of Discovery, including the initial production of documents by all
parties, and the deposition of Plaintiff and of Defendants’ PMKs;
b. Status of Settlement or Mediation;
c. Proposed briefing schedule and hearing date on Plaintis Motion for
ClaSS Certification, and what if any discovery is needed to oppose
or support the motion;
(1. Any other anticipated motions and proposed briefing schedule;
e. Setting of next CMC date; and f. Any other matters for which the parties seek Court ruling or scheduling. /
DATED: September 5, 2018
HON.
W
MARIE‘S. WEINER
JUDGE OF THE SUPERIOR

These are excerpts taken from The Superior Court of San Mateo County docket posting made available through google. I bring it to you since Trion and their staff wish the truth to remain hidden. I feel all players have the right to know what they are buying into. If you wish to find out more simply google the San Mateo County public court records. Thank you for your time.
And your Gameplanet point?.............