WESTERN SURETY COMPANY, A SOUTH DAKOTA VS. ROGER LEE ET AL

Set for Law and Motion/Discovery Calendar on Thursday, February 19, 2026, Line 12.

Defendants Roger Lee and Ryan Siu's Motion For Entry Of Order is OFF CALENDAR. Defendants have not demonstrated timely filing or service. The record demonstrates the motion was not timely filed or served. (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"].)

Defendants filed the motion on 1/27/2026, which is not 16 court days before 2/19/2026. Moreover, Plaintiff served this motion on Plaintiff by fax no sooner than 1/27/2026, which is not 16 court days plus two court days before 2/19/2026, the hearing date noticed. Plus, it does not appear that Plaintiff was properly served. The fax number on the POS is not the same as the fax number Plaintiff's counsel registered with the court. Of course, if the court were to grant this motion Plaintiff's interest in recovering fees and costs would be prejudiced. (See Compl. at para. 11; Code of Civil Procedure section 386.6.)

If Defendants file a subsequent motion seeking the same or substantially similar relief, Defendants should timely file, timely e-serve (as required by the Local Rules) and timely file an intelligible and clear POS. Further, Defendants must do a better job in their memorandum of points and authorities identifying the legal basis for the request and explaining how the facts properly before the court support such relief. Note that absent express agreement regarding Plaintiffs' fees and costs, the court is not aware of a path to the relief requested by this motion. If Defendants file a subsequent motion seeking the same or substantially similar relief, this Order must be attached and these issues must be addressed. Prior to the hearing, Defendants shall lodge by email to contestdept302tr@sftc.org a proposed order repeating the above verbatim.

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.