Motion to Dismiss
25CV113636: RICHARDSON vs CITY OF FREMONT (HUMAN SERVICES DEPARTMENT) 06/12/2026 Hearing on Motion to Dismiss filed by City of Fremont (Human Services Department) (Defendant) CRS# 521061835671 in Department 520
Tentative Ruling - 06/09/2026 Jamilah A. Jefferson
The Motion of Defendant City of Fremont (City) to Dismiss Plaintiff Kevin Michael Richardson Jr.s (Plaintiff) Complaint pursuant to Code of Civil Procedure §581 (f)(2) is GRANTED.
As of the posting of this tentative ruling, there is no opposition filed. The motion is unopposed.
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Plaintiff failed to file or serve a First Amended Complaint, following the Courts sustaining of the Citys demurrer and its Order of March 27, 2026, which required that Plaintiff file and serve its First Amended Complaint no later than April l0, 2026.
The motion to dismiss is GRANTED. The dismissal shall be, and is, with prejudice.
Defendant the City is to prepare a Judgment of Dismissal in favor of the City.
NOTICE: This tentative ruling will automatically become the courts final order on June 11, 2026 unless, by no later than 4:00 P.M. on June 10, 2026, a party to the action notifies BOTH: 1) the court by emailing Dept520@alameda.courts.ca.gov; AND 2) all opposing counsel or selfrepresented parties (by telephone or email) that the party is contesting this tentative ruling.
The subject line (RE:) of the email must state: Request for CONTESTED HEARING: [the case name], [number]. When a party emails to contest a tentative ruling, the party must identify the specific holding(s) within the ruling they wish to contest via oral argument.
The court does not provide court reporters for hearings in civil departments. A party who wants a record of the proceedings must engage a private court reporter. (Local Rule 3.95.) Any privately retained court reporter must also participate via video conference. Their email must be provided to the court at the time the Notice of Contest is emailed.
ALL CONTESTED LAW AND MOTION HEARINGS ARE CONDUCTED VIA REMOTE VIDEO unless an in person appearance is required by the court. Invitations to participate in the video proceeding will be sent by the court upon receipt of timely notice of contest. A party may give email notice that they will appear in court in person for the hearing, however all other counsel/parties and the JUDGE MAY APPEAR REMOTELY. 25CV113636: RICHARDSON vs CITY OF FREMONT (HUMAN SERVICES DEPARTMENT) 06/12/2026 Hearing on Motion to Dismiss filed by City of Fremont (Human Services Department) (Defendant) CRS# 521061835671 in Department 520
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