ZUBEDAH LYNCH ET AL VS. CITY AND COUNTY OF SAN FRANCISCO ET AL

Set for Law and Motion/Discovery Calendar on Wednesday, November 26, 2025, Line 5. DEFENDANT KING AMERICAN AMBULANCE's Motion To Dismiss Action With Prejudice For Failure To File Amended Complaint And For Entry Of Judgment.

Defendant King American Ambulance's unopposed Motion To Dismiss Action With Prejudice For Failure To File Amended Complaint And For Entry Of Judgment is GRANTED.

Defendant moves under Code of Civil Procedure section 581(f)(2). Section 581(f)(2) allows a court, upon motion, to dismiss an action when, 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. (See Leader v Health Industries of America, Inc. (2001) 89 Cal.App.4th 603.) "The failure to amend is an admission that plaintiff Has stated the case as strongly as he can and there are no facts that could be alleged to cure the defect." (Cano v. Glover (2006) 143 CA4th 326, 329-330, emphasis in original.) It follows that any such dismissal may be with prejudice. (See Weil & Brown, Cal. Prac. Guide: Civ. Proc. Before Trial, at Sec. 7:150, citing Cano, supra, 143 CA4th at pp. 329-330.)

Here, the court sustained a demurrer to the entire complaint as to Moving Defendant with leave to amend in August 2025. Plaintiffs did not amend in the allotted time, nor did they file an amended complaint any time before or after service of the instant motion. Nor did they oppose this motion. Dismissal with prejudice as to Moving Defendant is appropriate. Good cause appearing, the court dismisses the action in its entirety as to Moving Defendant with prejudice. When entry of judgment is appropriate, judgment may be entered in favor of Moving Defendant as against all Plaintiffs.

Moving Party is ordered to prepare a proposed order which repeats verbatim the above text 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.

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.

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