Notice Of Motion And Motion For Relief Under 473(B) From Order Dismissing Defendants For Failure To Serve Within 3 Years
Set for Law and Motion/Discovery Calendar on Friday, July 10, 2026, Line 3.
Plaintiff Laurie Ochs's motion for relief under 473((b) from order dismissing defendants Paul O'Kane and Fine By Design, Inc. is denied. The order that Ochs seeks to be relieved from was made based on an order to show cause why this case should not be dismissed issued by the court and after a hearing on the order to show cause where Ochs' counsel appeared. Ochs was given an opportunity to oppose the order to show cause in writing and orally. Thus this motion is a reconsideration motion, yet fails to comply with either the time or substantive requirements of the CCP 1008, the reconsideration statute. In all events, the claimed errors committed by Ochs' counsel/paralegal are not the kind of errors that are remediable by CCP 473 and Ochs has not shown that she acted diligently in seeking to serve the dismissed defendants.
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/HEK) | |
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