DEVON ARCHER (SBN 301462) CALDERWOOD & HARKNESS LLP 777 South Flower Street, Suite 4200 Los Angeles, California 90017 Telephone: (213) 555-7200 Facsimile: (213) 555-7201
Attorneys for Defendant AURELIUS MEDIA AMERICAS INC.
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF LOS ANGELES — CENTRAL DISTRICT
[PROPOSED] ORDER ON DEFENDANT'S DEMURRER TO PLAINTIFFS' SEVENTH CAUSE OF ACTION (UNFAIR BUSINESS PRACTICES — CAL. BUS. & PROF. CODE § 17200)
The matter of Defendant Aurelius Media Americas Inc.'s Demurrer to Plaintiffs' Seventh Cause of Action for Unfair Business Practices under California Business and Professions Code Section 17200 et seq. came on regularly for hearing before this Court on _____, 2023, in Department 34 of the above-entitled Court.
The Court, having reviewed and fully considered the following:
1.  Defendant Aurelius Media Americas Inc.'s Demurrer to Plaintiffs' Seventh Cause of Action (filed as Document 27);
2.  Defendant's Memorandum of Points and Authorities in Support of Demurrer (filed as Document 28);
3.  The Declaration of Gregory Tanaka, Vice President of Legal & Compliance, Aurelius Media Americas Inc., in Support of Demurrer (filed as Document 29);
4.  Any Opposition filed by Plaintiff(s) in response to the Demurrer;
5.  Any Reply filed by Defendant in further support of the Demurrer;
6.  The oral argument of counsel, if any, presented at the hearing on this matter; and
7.  The complete record and all papers and pleadings on file in this action;
and good cause appearing therefor, the Court hereby orders as follows:
OPERATIVE ORDER
The Court shall indicate its ruling by marking the applicable option below:
  OPTION 1 — DEMURRER SUSTAINED WITHOUT LEAVE TO AMEND
The Demurrer of Defendant Aurelius Media Americas Inc. to Plaintiffs' Seventh Cause of Action for Unfair Business Practices under California Business and Professions Code Section 17200 et seq. is hereby SUSTAINED WITHOUT LEAVE TO AMEND.
Plaintiffs' Seventh Cause of Action, as set forth in the operative Complaint, is hereby dismissed with prejudice. The dismissal of the Seventh Cause of Action shall constitute a final adjudication on the merits of that claim as against Defendant Aurelius Media Americas Inc.
All remaining causes of action — specifically, the First Cause of Action through the Sixth Cause of Action, inclusive — remain pending before this Court and are unaffected by this Order. Nothing in this Order shall be construed to limit, modify, or otherwise affect the rights or obligations of any party with respect to those remaining causes of action.
  OPTION 2 — DEMURRER SUSTAINED WITH LEAVE TO AMEND
The Demurrer of Defendant Aurelius Media Americas Inc. to Plaintiffs' Seventh Cause of Action for Unfair Business Practices under California Business and Professions Code Section 17200 et seq. is hereby SUSTAINED WITH LEAVE TO AMEND.
Plaintiff(s) shall have twenty (20) days from the date of service of notice of entry of this Order within which to file an amended complaint curing the deficiencies identified by the Court in its ruling on the Demurrer. The amended complaint shall be served upon Defendant in accordance with the California Code of Civil Procedure.
If Plaintiff(s) fail to file an amended complaint within the twenty (20)-day period specified herein, the Seventh Cause of Action shall be dismissed with prejudice without further notice to the parties and without further order of this Court. In such event, Defendant may file a declaration of non-filing and a proposed order of dismissal for the Court's signature.
All remaining causes of action — specifically, the First Cause of Action through the Sixth Cause of Action, inclusive — remain pending before this Court and are unaffected by this Order.
  OPTION 3 — DEMURRER OVERRULED
The Demurrer of Defendant Aurelius Media Americas Inc. to Plaintiffs' Seventh Cause of Action for Unfair Business Practices under California Business and Professions Code Section 17200 et seq. is hereby OVERRULED.
Defendant Aurelius Media Americas Inc. shall file a responsive pleading to the Seventh Cause of Action within ten (10) days of the date of service of notice of entry of this Order, or within such other time as this Court may order. Failure to timely file a responsive pleading may result in the entry of default against Defendant on the Seventh Cause of Action, upon application by Plaintiff(s), without further notice or hearing.
ADDITIONAL ORDERS OR COMMENTS, IF ANY:
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IT IS SO ORDERED.
Dated: ________
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Hon. Raymond Escobedo Judge of the Superior Court
Submitted by:
CALDERWOOD & HARKNESS LLP
Devon Archer (SBN 301462) 777 South Flower Street, Suite 4200 Los Angeles, California 90017 Telephone: (213) 555-7200
Attorneys for Defendant Aurelius Media Americas Inc.
MARISOL FUENTES, individually and on behalf of all others similarly situated, | Case No. 22STCV38214
Plaintiff, | Department 34
v. | Assigned for All Purposes to: Hon. Raymond Escobedo
AURELIUS MEDIA AMERICAS INC., a Delaware corporation; and DOES 1 through 50, inclusive,
Defendants.