2013-00151782-CU-PL

Gregory A Cherms vs. Sony Online Entertainment LLC

Nature of Proceeding: Hearing on Demurrer (NVIDIA Corporation)

Filed By: Hong, Steven A.

Defendant NVIDIA Corporation’s demurrer to Plaintiff’s complaint is ruled upon as
follows.

NVIDIA’s request for judicial notice is DENIED. Neither NVIDIA’s website nor an
excerpt from its Form 10-K filing are judicially noticeable.

In this action, Plaintiff alleges he is the father of an adult son who is addicted to video
games. The Judicial Council form-complaint purports to assert causes of action
against Defendant for general negligence and products liability claiming that the
warnings on videogames are insufficient and that
Plaintiff has suffered emotional distress as a result of his son’s addiction.

The demurrer for uncertainty is SUSTAINED with leave to amend. Here, Plaintiff has
named six different defendants. The form complaint, however fails to distinguish
between the different defendants’ actions. In light of the sparse facts in the complaint,
the failure to distinguish renders the complaint uncertain.

Defendant’s demurrer to Plaintiff’s “bystander claim” is OVERRULED. The complaint
does not allege a cause of action for emotional distress. A demurrer may only be
taken to the entire complaint or an entire cause of action. The proper procedural
mechanism is to move to strike the allegations regarding Plaintiff’s emotional distress.

Plaintiff may file and serve a first amended complaint (“FAC”) by no later than April 10,
2014, Response to be filed and served within 10 days thereafter, 15 days if the FAC is
served by mail. (Although not required by any statute or rule of court, Plaintiff is
requested to attach a copy of the instant minute order to the FAC to facilitate the filing of the pleading.)

The minute order is effective immediately. No formal order pursuant to CRC Rule
3.1312 or further notice is required.

The court notes that moving party has indicated the incorrect address in its notice of
motion. The correct address for Department 54 of the Sacramento County Superior
th
Court is 800 9 Street, Sacramento California 95814. Moving party shall notify
responding party(ies) immediately.