ISAI LERIN CARRERA VS. SUFFOLK CONSTRUCTION ET AL

SF Superior Court - Law & Motion / Discovery Dept 301 - CGC23608301 - September 11, 2025 Hearing date: September 11, 2025 Case number: CGC23608301 Case title: ISAI LERIN CARRERA VS. SUFFOLK CONSTRUCTION ET AL Case Number: | | CGC23608301 | Case Title: | | ISAI LERIN CARRERA VS. SUFFOLK CONSTRUCTION ET AL | Court Date: | | 2025-09-11 09:00 AM | Calendar Matter: | | CLAIMANT LARGO CONCRETE INC./THE HARTFORD'S MOTION FOR RECONSIDERATION OR, IN THE ALTERNATIVE, MOTION TO VACATE DISMISSAL PURSUANT TO CCP SECTIONS 473(B) AND 473(D). (TENTATIVE RULING PART 2 OF 2) | Rulings: | | Matter on the Law & Motion/Discovery Calendar for Friday, September 11, 2025, line 3, CLAIMANT LARGO CONCRETE INC./THE HARTFORD'S MOTION FOR RECONSIDERATION OR, IN THE ALTERNATIVE, MOTION TO VACATE DISMISSAL PURSUANT TO CCP SECTIONS 473(B) AND 473(D). (TENTATIVE RULING PART 2 OF 2)

Dismissal by Clerk Prematurely: Largo argues that the court clerk erred by dismissing the case upon Lerin-Carrera's request for dismissal rather than waiting for a scheduled OSC hearing. This argument has no merit in light of the plaintiff's absolute right to dismiss the case at any time. (O'Dell, supra, 10 Cal.App.4th at p. 659 ["the plaintiff in a lawsuit has an absolute right to dismiss. Neither the clerk nor the trial court has any discretion in the matter. Numerous cases note that voluntary dismissal of a lawsuit terminates the trial court's jurisdiction over the matter"] [citation simplified].)

For the 9:00 a.m. calendar, all attorneys and parties may appear in Department 301 remotely or in person. Remote hearings will be conducted by videoconference using Zoom. (Dept. 301 Zoom ID 161 502 4290; Passcode 700956.) 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 contestdept301tr@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 contestdept301tr@sftc.org prior to the hearing even if the tentative ruling is not contested.

The court no longer provides a court reporter in the Law & Motion or Discovery 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. | |