EDERIC LLARENA VS. CITY OF SAN FRANCISCO ET AL

Matter on the Law & Motion/Discovery Calendar for Friday, February 6, 2026, line 1 DEFENDANT CITY & COUNTY OF SAN FRANCISCO (SUED ERRONEOUSLY HEREIN AS CITY OF SAN FRANCISCO; COUNTY OF SAN FRANCISCO) MOTION FOR LEAVE TO File Cross-Complaint

The City and County of San Francisco's Motion for Leave to File a Cross-Complaint is GRANTED. Leave to file a cross-complaint "may be granted in the interest of justice at any time during the course of the action." (Code of Civil Procedure section 428.50(c).) "A motion to file a cross-complaint at any time during the course of the action must be granted unless bad faith of the moving party is demonstrated where forfeiture would otherwise result. Factors such as oversight, inadvertence, neglect, mistake or other cause, are insufficient grounds to deny the motion unless accompanied by bad faith." (Silver Organizations Ltd. v. Frank (1990) 217 Cal.App.3d 94, 99.)

Good cause appearing, the court grants CCSF leave to file the proposed cross-complaint. The court notes trial is set for 3/6/2026. Only one party, Bay Cities Paving & Grading, Inc., has expressed concern about the trial date, and that party failed to identify any specific circumstances demonstrating cognizable prejudice or bad faith. The court will not infer prejudice or bad faith. In any event, concerns regarding the trial date must be addressed to Department 206. Moving Defendant must file its cross-complaint, substantially identical to Exhibit 1 to the Echeverria Declaration, within five days of entry of this order.

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.