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CGC25626601·sf·Civil·Civil
Hearing 3 months agoGRANTED with leave to amend

KELLI ELAINE KENNEDY VS. LYFT, INC. ET AL

MOTION FOR JUDGMENT ON THE PLEADINGS

Hearing date
May 20, 2026
Department
301
Prevailing
Moving Party

Motion type

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Parties

PlaintiffKelli Elaine Kennedy
DefendantLyft, Inc.

Ruling

SF Superior Court - Law & Motion / Discovery Dept 301 - CGC25626601 - May 20, 2026 Hearing date: May 20, 2026 Case number: CGC25626601 Case title: KELLI ELAINE KENNEDY VS. LYFT, INC. ET AL Case Number: | | CGC25626601 | Case Title: | | KELLI ELAINE KENNEDY VS. LYFT, INC. ET AL | Court Date: | | 2026-05-20 09:00 AM | Calendar Matter: | | MOTION FOR JUDGMENT ON THE PLEADINGS | Rulings: | | Matter on calendar for Wednesday, May 20, 2026, Line 8, DEFENDANT LYFT, INC.'s MOTION FOR JUDGMENT ON THE PLEADINGS.

Defendant Lyft, Inc.'s motion for judgment on the pleadings is granted with leave to amend. The parties agree that California's borrowing statute, Code Civ. Proc., section 361, prevents plaintiff Kelli Elaine Kennedy from maintaining this action if it time-barred in the state where the underlying incident occurred. The parties further agree that Louisiana has a one-year limitations period that is subject to tolling under various doctrines that allow more time where there are impediments to plaintiff's timely pursuit of the claim, and that Kennedy's present complaint does not plead any impediment that would toll Louisiana's limitations period. Kennedy has leave to amend within 30 days.

Lyft does not show that it met and conferred before bringing this motion. (Code Civ. Proc., sec. 439, subd. (a).) The court exercises its discretion to consider the merits but orders the parties to meet and confer before filing any further pleadings motions.

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. =(301/CVA). | |

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