DAWN CALVERT VS. NEWELL’S COCKTAIL LOUNGE

7/16/2026 – Law and Motion Calendar Judge: Honorable Mark A. McCannon – Department 2 Page 13 of 21

2:00 PM LINE: 3 23-CIV-05077 DAWN CALVERT VS. NEWELL'S COCKTAIL LOUNGE

DAWN CALVERT PRO SE NEWELL'S COCKTAIL LOUNGE WILLIAM S. KRONENBERG

PLAINTIFF DAWN CALVERT’S MOTION QUASH OR, IN THE ALTERNATIVE, TO MODIFY DEFENDANT'S SUBPOENAS FOR PRODUCTION OF RECORDS

TENTATIVE RULING: _________________________________________________________________________________________ Plaintiff’s motion to quash was filed on January 9, 2026. At the time of filing, plaintiff did not provide proof that the moving papers were served on defendant. On February 10, 2026, plaintiff filed a proof of service indicating that documents were served on counsel for defendant by mail on January 10, 2026. However, the documents served were not identified. To date, plaintiff has not provided proof that the moving papers were on defendant.

However, on July 7, 2026, defendant filed and served opposition to the motion. Code of Civil Procedure section 1005 requires any opposition to be filed and served nine court days before the hearing date. Defendant’s opposition was filed and served 7 court days before the hearing.

The court also notes that it was served on plaintiff electronically. Code of Civil Procedure section 1010.6, subdivision (c)(1) provides that an unrepresented party may consent to receive electronic service by serving notice on all parties and filing the notice with the court or by manifesting consent through electronic means with the court or the court’s electronic filing service provider. Defendant has not established that plaintiff consented to electronic service.

The court will exercise its discretion to consider the untimely opposition. However, the motion is continued to August 13, 2026, to give plaintiff time to file a reply brief. No later than nine court days prior to the continued hearing date, defendant shall serve its opposition on plaintiff by overnight mail.

Any party who contests a tentative ruling must email Dept2@sanmateocourt.org with a copy to all other parties by 4:00 p.m. stating, without argument, the portion(s) of the tentative ruling that the party contests. The Court reminds parties argument will not be heard on the set hearing date. Parties will be notified of the date set for any argument if the motion is contested.