Notice Of Motion And Motion For Dismissal For Failure To Prosecute
Set for Law and Motion/Discovery Calendar on Wednesday January 07, 2026, Line 1. Defendant City and County of San Francsico's unopposed Motion For Dismissal For Failure To Prosecute is GRANTED.
The motion is brought under Code of Civil Procedure sections 583.310 and 583.360(a). "An action shall be brought to trial within five years after the action is commenced against the defendant." (Code Civil Procedure section 583.310.) "An action shall be dismissed by the court on its own motion or on motion of the defendant, after notice to the parties, if the action is not brought to trial within the time prescribed in this article." (Code Civil Procedure section 583.360(a.)
There are limited exceptions that toll the five-year time period and excuse mandatory dismissal, specifically: "(a) The jurisdiction of the court to try the action was suspended; (b) prosecution or trial of the action was stayed or enjoined; (c) bringing the action to trial, for any other reason, was impossible, impracticable, or futile." (Code Civil Procedure section 583.340; see also Baccus v. Superior Court (1989) 207 Cal.App.3d 1526, 1532.) The rules apply to special proceedings. (See Binyon v.
State of Cal. (1993) 17 Cal.App.4th 952, 955.) "The mandatory timelines set out in Section 583.310 are designed to ensure that cases are brought to trial "before evidence is lost, destroyed, or the memory of witnesses becomes dimmed . . . [and] to protect defendants from being subjected to the annoyance of an unmeritorious action remaining undecided from an infinite period of time." (Moran v. Superior Court (1983) 35 Cal.3d 229, 237 [quoting Gen. Motors Corp. v. Superior Court (1966) 65 Cal.2d 88, 91].)
A trial begins when a jury is impaneled or a witness is sworn. (Hartman v. Santamarina (1982) 30 Cal.3d 762, 765.)
The record here demonstrates that Petitioner failed to bring this case to trial within the time prescribed by Article 1 of Chapter 1.5 of the Code of Civil Procedure, even accounting for the tolling period provided in California Rules of Court, app. Emergency Rule 9. The motion, thus, is granted, and the court orders the petition dismissed with prejudice.
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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/JMQ) | |