Motion to Dismiss
25CV134569: SCHWARTZ, et al. vs EDEN ROC APARTMENTS, LLC, et al. 07/02/2026 Hearing on Motion to Dismiss filed by Eden Roc Apartments, LLC (Defendant) + CRS# 957994478821 in Department 24
Tentative Ruling - 07/01/2026 Rebekah Evenson
The Motion to Dismiss filed by Terrace Garden Apartments, LLC., Eden Roc Apartments, LLC on 06/12/2026 is Granted.
Defendants Motion to Dismiss pursuant to Code of Civil Procedure section 399(a) is GRANTED.
On April 23, 2026, the Court entered an order transferring this case to Contra Costa Superior Court. The Court ordered Plaintiffs to pay the $50 transfer fee.
Defendants served Notice of Entry of Order on Plaintiffs counsel of record on April 24, 2026.
Court records reflect that Plaintiffs have not yet paid the transfer fees.
Therefore, this case is dismissed without prejudice pursuant to Code of Civil Procedure section 399(a).
The Courts electronic register of actions does not reflect that Plaintiffs filed any opposition to this motion with the clerks office, and Plaintiffs did not deliver a courtesy copy of any opposition papers to Department 24 as required by Alameda County Superior Court Local Rules, Rule 3.30(c). Therefore, if Plaintiffs prepared an opposition to this motion, the Court has been unable to review it. However, based on the fact that Plaintiffs have not paid the required transfer fees within 30 days after service of notice of entry of the transfer order, Defendants are entitled to dismissal of this case pursuant to Code of Civil Procedure section 399(a).
This action is DISMISSED, WITHOUT PREJUDICE.
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Meeting ID: 160 6661 8377 25CV134569: SCHWARTZ, et al. vs EDEN ROC APARTMENTS, LLC, et al. 07/02/2026 Hearing on Motion to Dismiss filed by Eden Roc Apartments, LLC (Defendant) + CRS# 957994478821 in Department 24
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