CLAUDIA GUEVARA VS. APEX SYSTEMS, LLC ET AL

On the Law & Motion/Discovery calendar for Tuesday, May 26, 2026, Line 10, PLAINTIFF CLAUDIA GUEVARA ON BEHALF OF THE STATE OF CALIFORNIA IN PLAINTIFF'S REPRESENTATIVE CAPACITY AS A PRIVATE ATTORNEY GENERAL'S Notice Of Motion To Dismiss Entire Action.

Plaintiff Claudia Guevara's Motion to Dismiss Entire Action is OFF CALENDAR. Plaintiff has not demonstrated it timely filed its motion. (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"].)

Plaintiff filed its motion on 5/12/2026, which is not 16 court days before 5/26/2026, the hearing date noticed. Plaintiff's disregard for the rules is not excused. A party seeking to have a motion heard outside the regular noticed period must secure an order shortening time or advancing the hearing. Plaintiff has no such order and, therefore, its attempt to jump the line fails and its untimely motion is ordered off calendar.

Additionally, the action is "stayed pending binding arbitration." (See 1/16/2025 Order at p. 2.) The court has not received notice that the arbitration has concluded. Thus, the action remains stayed, and the court will not hear any motions (other than to lift the stay) during the pendency of the stay.

Plaintiff is ordered to prepare a proposed order consistent with the above 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.