ALEXANDRA BRIGGS VS. CITY OF SAN FRANCISCO ET AL

Set for Law and Motion/Discovery Calendar on Tuesday, June 16, 2026, Line 2. Defendant Than Tung Diep's Motion for Judgment on the Pleadings is OFF CALENDAR. Defendant seeks judgment on the pleadings per Code of Civil Procedure section 438. Code of Civil Procedure section 439(a) requires that the parties shall "meet in confer in person, by telephone, or by video conference" prior to filing the motion. Section 439(a)(3) also requires movant to provide a "declaration" regarding the meet and confer efforts.

Here, Moving Defendant has not demonstrated compliance with section 439's requirements, The Landa declaration documents an email correspondence only, which is non-compliant. Sending an email inviting other parties to identify their availability is not conferring in person, by telephone, or by video conference. Moving Defendant failed to establish that they conferred in-person, telephonic or video conference regarding their motion or that the opposing party refused to confer (and not responding to a single email is not a refusal).

The court notes, as well, the motion was not timely served. (See Code of Civil Procedure section 1005(b) [motion must be filed and served 16 court days before hearing]; Code of Civil Procedure section 1013(a) [service by mail where place of address and place of mailing are within State of adds 5 calendar days to the period of notice]; see Code of Civil Procedure section 1010.6(a)(3)(B) [service by email adds two court days to "any period of notice"]; Code of Civil Procedure section 1013(e) [service by fax only be agreement and adds two court days to "any period of notice"].)

A party must timely file proof of service of his moving papers. (See California Rules of Court, rule 3.1300(c).) Here, Moving Defendant's proof of service states the moving papers were served on May 22, 2026, by email, which is not 16 court days plus two court days before June 16, 2026. A party seeking to have a motion heard outside the regular noticed period must secure an order shortening time or advancing the hearing. Defendant has no such order and, therefore, their attempt to jump the line fails.

Moving Defendant is ordered to prepare a proposed order consistent with the above and email it to contestdept302tr@sftc.org prior to the time set for hearing. For the 9:00 a.m. calendar, all attorneys and parties may appear in Department 302 remotely or in person. Remote hearings will be conducted by videoconference using Zoom. (Dept. 302 Zoom ID 160 409 7690; Passcode 516287.) To appear remotely at the hearing, go to the court's website at sfsuperiorcourt.org under "Online Services," navigate to "Tentative Rulings," and click on the appropriate link, or dial the corresponding phone number.