GEPSER VASQUEZ SAMAYOA VS. SENIORE'S PIZZA S.F., INC., DOING BUSINESS AS ET AL

Set for Law and Motion/Discovery Calendar on Monday, June 29, 2026, Line 6. Plaintiff Gepser Samayoa's Motion To Dismiss Class Action Allegations Pursuant To California Rules Of Court Rule 3.770 From Complaint Without Prejudice is OFF CALENDAR.

Plaintiff has not demonstrated it timely filed its motion. (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"].)

Plaintiff filed his motion on 6/9/2026, which is not 16 court days before 6/29/2026, the hearing date noticed. Plaintiff's disregard for the rules is not excused. A party seeking to have a motion heard outside the regular noticed period must secure an order shortening time or advancing the hearing. Petitioner has no such order and, therefore, its attempt to jump the line fails and its untimely motion is ordered off calendar.

Plaintiff is ordered to prepare a proposed order quoting the above text verbatim 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.

Any party who contests a tentative ruling must send an email to contestdept302tr@sftc.org with a copy to all other parties by 4pm stating, without argument, the portion(s) of the tentative ruling that the party contests. The subject line of the email shall include the line number, case name and case number. The text of the email shall include the name and contact information, including email address, of the attorney or party who will appear at the hearing.

The court no longer provides a court reporter in the Law & Motion Department. Parties may retain their own reporter, who may appear in the courtroom or remotely. A retained reporter must be a California certified court reporter (CSR), for only a CSR's transcript may be used in California courts. If a CSR is being retained, include in your email all of the following: their name, CSR and telephone numbers, and their individual work email address. =(302/JMQ) | |