MICHAEL NOLIN VS. DAVID KANG ET AL

Set for Law and Motion/Discovery Calendar on Friday, February 20, 2026, Line 9. Defendant's motion to dismiss is DENIED.

The court has yet to execute an order sustaining the demurrer with leave to amend. Therefore, the time to amend has yet to run under CCP 472b. The confusion stems from plaintiff's failure to comply with this court's 11/24/25 ruling to prepare an order sustaining the demurrer to the first amended complaint. Defendant's service of the minutes on 12/23/25 is not a substitute for service of a final judge-executed order. Of course, where a tentative is adopted, either party may submit a proposed order verbatim the tentative.

Plaintiff is ordered forthwith but by no later than 8:30 am on 2/20/2026 to lodge by email to contestdept302tr@sftc.org proposed orders consistent with this court's 11/24/25 rulings and directives. A failure to file this directive will be considered a violation of a written court order. Once the court has executed and filed the orders, plaintiff will have leave to file the second amended complaint. The court notes that the clerk rejected plaintiff's attempt to file the second amended complaint because there was no final order on file. Plaintiff is admonished to ensure he is in compliance with all court orders. Prior to the hearing, Plaintiff shall lodge by email to contestdept302tr@sftc.org a proposed order repeating the above verbatim.

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. Counsel for the prevailing party is required to prepare a proposed order which repeats verbatim the substantive portion of the tentative ruling and must email it to contestdept302tr@sftc.org prior to the hearing even if the tentative ruling is not contested.

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 LTR) |