JACORE BAPTISTE VS. CITY AND COUNTY OF SAN FRANCISCO ET AL

Set for Law and Motion/Discovery Calendar on Thursday, April 09, 2026, Line 5.

Defendant City and County of San Francisco's Motion To Dismiss For Failure To Amend is DENIED. Defendant moves under Code of Civil Procedure section 581(f)(2). Under this section, "[t]he court may dismiss the complaint as to that defendant when: [e]xcept where Section 597 applies, after a demurrer to the complaint is sustained with leave to amend, the plaintiff fails to amend it within the time allowed by the court and either party moves for dismissal."

The court sustained CCSF's demurrer with leave to amend. While Plaintiff did not file an amended complaint within the time frame set out in the order, he has now filed one. (See FAC, filed 3/17/2026.) If he has not yet done so, Plaintiff is ordered to serve the complaint on CCSF forthwith. Plaintiff is ordered to file a proof of service, as well. Given that Plaintiff has now filed an amended complaint, the court denies the motion to allow the action to proceed on the merits.

Prior to the hearing, Defendant shall lodge by email to contestdept302tr@sftc.org a proposed order repeating the above verbatim.

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.

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) | |