MOTION TO STRIKE COMPLAINT
Set for Law and Motion/Discovery Calendar on Tuesday, July 28, 2026, Line 7. Defendant Home Depot U.S.A., Inc.'s Motion to Strike Complaint is CONTINUED TO SEPTEMBER 12, 2026, AND ALL PARTIES ARE ORDERED TO TAKE CERTAIN ACTIONS.
The instant motion is continued to September 12, 2026, at 9 a.m. in this department. As the court previously noted, this action is provisionally complex. (See California Rules of Court, rule 3.400(c)(6) ["[A]n action is provisionally a complex case if it involves one or more of the following types of claims: (6) [e]nvironmental or toxic tort claims involving many parties."].)
On 6/15/2026, the court ordered the parties forthwith to meet and confer regarding complex designation and pursue complex designation under California Rules of Court, rule 3.403(b) and San Francisco Local Rule, rule 3.5(C)(2)&(3). Moving Defendant, here, has filed a motion to designate case as complex and noticed it for hearing in this department. That is not the process set out in Local Rule, rule 3.5.
The parties are ordered forthwith to file an application for complex designation with copies to Department 304. At least five court days before any hearing in this department, the parties must file a joint statement regarding the status of complex designation. The moving party or parties must deliver a courtesy copy of the joint statement to this department within 24 hours of lodging the statement for filing. A failure to follow these orders may result in the motion to strike being ordered off calendar.
The record before the court demonstrates Plaintiff has failed to meet and confer as ordered by the court on 6/15/2026. Continued failure to meet and confer may result in a finding of contempt or sanctions. Moving Defendants are ordered to prepare a proposed order which repeats verbatim the substantive portion of the tentative ruling and email it to contestdept302tr@sftc.org prior to the time set for hearing.
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.
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) | |
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