DANIELLE DAMIAN VS. FOREST & EINSTEIN STAFFING , INC. ET AL

Set for Law and Motion/Discovery Calendar on Wednesday, March 18, 2026, Line 8. Plaintiff Danielle Damian's unopposed Request For Dismissal Without Prejudice is DENIED WITHOUT PREJUDICE.

Plaintiff notes that she twice tried to dismiss her class action claims without a court order and twice the clerk "rejected" her request. This cannot have come as a surprise to counsel, given the clear law providing "[a] dismissal of an entire class action, or of any party or cause of action in a class action, requires court approval." (California Rules of Court, rule 3.770(a).)

Here, Plaintiff's request is denied because she has failed to provide essential information. "Requests for dismissal must be accompanied by a declaration setting forth the facts on which the party relies. The declaration must clearly state whether consideration, direct or indirect, is being given for the dismissal and must describe the consideration in detail." (California Rules of Court, rule 3.770(a).)

Plaintiff provide some information regarding counsel's communications, but she did not clearly state whether consideration, direct or indirect, is being given for the dismissal and, if so, describe the consideration in detail. Absent such information, the court cannot and will not authorize dismissal of any claim with or without prejudice. If Plaintiff files another motion seeking substantially similar relief, this order must be included as an exhibit. Plaintiff is ordered to prepare a proposed order which repeats the above verbatim 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.