ORDER TO SHOW CAUSE RE: DISMISSAL
SF Superior Court - Law & Motion / Discovery Dept 301 - CGC22601012 - June 22, 2026 Hearing date: June 22, 2026 Case number: CGC22601012 Case title: RAYMOND VINCENT DIGIACOMO JR. VS. HEALTHRIGHT 360 ET AL Case Number: | | CGC22601012 | Case Title: | | RAYMOND VINCENT DIGIACOMO JR. VS. HEALTHRIGHT 360 ET AL | Court Date: | | 2026-06-22 09:00 AM | Calendar Matter: | | ORDER TO SHOW CAUSE RE: DISMISSAL | Rulings: | | On the Law & Motion/Discovery calendar for Monday, June 22, 2026, Line 2, 2. ORDER TO SHOW CAUSE RE: DISMISSAL
Plaintiff has filed a notice that he has furnished security, but there is no payment deposited with the court, plaintiff provides no proof of a bond or other undertaking in defendants' favor, and defendants provide a declaration that they have received no proof of a bond or other undertaking. The court finds that Plaintiff has not furnished security for the benefit of the defendants within the meaning of Code of Civil Procedure, Section 391.3, subdivision (a). The purpose of the undertaking requirement is to put up payment against which the defendant can recover its costs and fees if the defendant prevails in the action.
Plaintiff's mere statement that he has furnished security does not accomplish this purpose, and there is no evidence before the court that defendants' costs and fees are actually secured. The court dismisses the action pursuant to Code of Civil Procedure, Section 391.4. If Plaintiff has in fact procured a bond or other undertaking, he should contest this tentative ruling and provide a copy of the bond or undertaking with his notice of contest.
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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