SURF COMMON GROUND FUNDING, LLC, A DELAWARE ET AL VS. LEIASA BECKHAM ET AL

Matter on calendar for Tuesday, September 08, 2026, Line 3, DEFENDANT ERIC DUNN's Amended Motion To Dismiss.

2 - Defendant Eric B. Dunn's Motion to Dismiss is OFF CALENDAR. Defendant failed to demonstrate he timely filed and served his moving papers. (See Code of Civil Procedure section 1005(b) [motion must be filed and served 16 court days before hearing]; Code of Civil Procedure section 1013(a) [service by mail where place of address and place of mailing are within State of adds 5 calendar days to the period of notice]; see Code of Civil Procedure section 1010.6(a)(3)(B) [service by email adds two court days to "any period of notice"]; Code of Civil Procedure section 1013(e) [service by fax only be agreement and adds two court days to "any period of notice"].)

Defendant filed his moving papers on 8/27/2026, which is not 16 court days before September 8, 2026, the date for which he noticed the motion. Additionally, Plaintiff appears to represent that he served his moving papers on Plaintiff and one Defendant by mail on 8/27/2026, which is not 16 court days plus 5 calendar days before September 8, 2026, the date for which he noticed the motion. Even if Moving Defendant were relying on his filing and service of his initial motion, those papers were not timely filed or served either, as set out in the companion ruling of today. Further, again, Plaintiff's proof of service does not comply with the statutory requirements. (See Code of Civill Procedure sections 1013a, 1013b, 2015.5.)

Moving Defendant 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. =(302/JMQ). | |