Notice Of Motion And Motion For Dismissal Of The Entire Representative Action Without Prejudice
Matter on calendar for Monday, July 14, 2026, Line 8, Plaintiff requests that this PAGA representative action be dismissed without notice to the putative class members because it was filed in error.
The Declaration of Jason Rothman in support of the motion states that the same issues are currently pending in case CGC-25-622804 Kenneth Durham v. Pheenix CH LLC dba Bird, et.al. filed February 27, 2025.
Plaintiff's unopposed motion to dismiss this representative action without prejudice is granted. Due to the pendency of case CGC-25-622804, the court finds that the putative class members will not be prejudiced by this result, therefore notice to the potential aggrieved employees is waived. (CA Rules of Court, Rule 3.770(c))
For the 9:00 a.m. calendar, all attorneys and parties may appear in Department 301 remotely or in person. Remote hearings will be conducted by videoconference using Zoom. (Dept. 301 Zoom ID 161 502 4290; Passcode 700956.)
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 contestdept301tr@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 contestdept301tr@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 or Discovery 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. =(301/CM) | |
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