JULIANA LOURENCO LOPES DEMASI VS. GOLDEN GATE OBSTETRICS AND GYNECOLOGY ET AL

Set for Law and Motion/Discovery Calendar on Friday, February 13, 2026, Line 1.

1 - Plaintiff Juliana Lourenco Lopes Demasi's motion to vacate dismissal is DENIED.

This action was dismissed by the Honorable Rochelle East, the bench officer presiding in Department 610, on January 13, 2026, after Plaintiff failed to appear or otherwise respond to an Order to Show Cause regarding her failure to properly serve the defendants and prosecute her case. Trial courts have the authority to "dismiss sua sponte for disobedience or lack of prosecution." (Lyons v. Wickhorst (1986) 42 Cal.3d 911, 922.)

Plaintiff has provided no material evidence or persuasive argument demonstrating the order dismissing the action was improper. Indeed, this court is quite familiar with the record and aware Plaintiff has not served any defendants or taken meaningful action to prosecute her case. This court has repeatedly advised Plaintiff that she must serve defendants and file proper proof of service that she has done so. There is no evidence that she has taken any steps toward either end or even that she intends to do so. As such, the court denies her motion to vacate the dismissal.

Plaintiff points to physical and cognitive conditions that make personal appearances difficult. Plaintiff, however, failed to show in writing that she served even a single defendant and she failed to respond to an OSC, which can also be accomplished by a writing. Service, itself, of course, does not require a personal appearance. The motion is without a factual or legal basis. It, thus, must be denied.

Plaintiff is admonished that she was required to file a proof of service of the moving papers (California Rules of Court, Rule 3.1300), identify the hearing time and place and motion grounds within the first paragraph of her notice of motion (CRC 3.1110(a)-(b)), notice her motion with at least 16 court days' notice (Code Civ. Proc. 1005), and file a memorandum of points and authorities not exceeding 15 pages (CRC 3.1113(d)-(e)). The court has advised and admonished Plaintiff regarding these and similar statutory and rule violations several times in the past. The court does so once again. To the extent Plaintiff seeks different or additional relief, the motion is denied.

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.