| Case | County / Judge | Motion | Ruling | Date |
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Notice Of Motion And Motion For Voluntary Dismissal
Set for Law and Motion/Discovery Calendar on Friday, February 13, 2026, Line 7.
Plaintiff Laine Zadnik's unopposed Motion For Voluntary Dismissal is GRANTED.
Dismissal of a class action requires court approval. (Cal. Rules of Court, rule 3.770(a).) Rule 3.770 is intended to protect absent class members' interests when the named representative's claims have been resolved, whether by court order or, as here, voluntarily. (Pirjada v. Superior Court (2011) 201 Cal.App.4th 1074, 1085.) The court must ensure fairness for members of the putative class even where, as here, the class has not been certified, and members have not been given notice. (See, e.g., Citizens of Humanity, LLC v. Ramirez (2021) 63 Cal.App.54th 117, 124.) The fact that a named plaintiff individually settles his claims does not divest them or their counsel of their fiduciary obligations to the putative class members. (See Pirjada, supra, 201 Cal.App.4th at p. 1085.)
Good cause appearing and consistent with California Rules of Court, rule 3.770, the court orders Plaintiff's class claims dismissed without prejudice. The record demonstrates that dismissal will not prejudice class members, thus no notice to the class is required. The court orders Plaintiff's individual claims dismissed with prejudice.
Plaintiff must file a request for dismissal on the Judicial Council form and should include a copy of this order with that submission. Plaintiff 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.
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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) | |