Notice Of Motion, Motion, And Memorandum Of Points And Authorities For An Order Issuing Peremptory Writ Of Mandate In The First Instance
Set for Law and Motion/Discovery Calendar on Wednesday, July 29, 2026, Line 4. Petitioner Quang Luu's For An Order Issuing Peremptory Writ Of Mandate In The First Instance is OFF CALENDAR.
Petitioner has not demonstrated they timely served their motion. (See Code of Civil Procedure section 1005(b) [motion must be filed and served 16 court days before hearing]; Code of Civil Procedure section 1013(a) [service by mail where place of address and place of mailing are within State of adds 5 calendar days to the period of notice]; see Code of Civil Procedure section 1010.6(a)(3)(B) [service by email adds two court days to "any period of notice"]; Code of Civil Procedure section 1013(e) [service by fax only be agreement and adds two court days to "any period of notice"].) Plaintiff served their motion by email on 7/6/2026, which is not 16 court days plus two days before 7/29/2026, the hearing date noticed.
Respondent has demonstrated prejudice. Petitioner could have avoided this prejudice if they had met and conferred with Respondent re hearing date as required by Local Rule 8.2(A)(2)(a) but they disregarded this duty, too. Petitioner's disregard for the rules is not excused. "While a party may choose to act as his or her own attorney [s]uch a party is to be treated like any other party and is entitled to the same, but no greater consideration that other litigants or attorneys." (ViaView, Inc. v. Retzlaff (2016) 1 Cal.App.5th 198, 208.)
In any event, on this record the court declines to issue a peremptory writ in the first instance. (See Code of Civil Procedure section 1088.)
Petitioner and Respondents 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.
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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) | |