JONATHAN RUBIN VS. PROPERFOOD, LLC, A CALIFORNIA LIMITED LIABILITY ET AL

Set for Law and Motion/Discovery Calendar on Thursday, March 26, 2026, Line 5. Plaintiff Jonathan Rubin's unopposed Motion For Dismissal Of Class And Representative Allegations Pursuant To California Rules Of Court Rule 3770(A)-(C) is DENIED WITHOUT PREJUDICE.

Plaintiff seeks a court order under California Rules of Court rule 3.770. Plaintiff does not provide sufficient information or analysis. "Requests for dismissal must be accompanied by a declaration setting forth the facts on which the party relies. The declaration must clearly state whether consideration, direct or indirect, is being given for the dismissal and must describe the consideration in detail." (California Rules of Court, rule 3.770(a).)

The Carlin Declaration does not describe the consideration given at all, let alone "in detail." Nor does it clearly state whether consideration, direct or indirect, is being given for dismissal of the class claims (even if without prejudice). Nor is there any analysis in the memorandum of points and authorities demonstrating Plaintiffs received no consideration for dismissal of the class claims, which generally will require an analysis of the individual claims, their value, the settlement amount, the relation between these figures; the attorney's fees recovery and whether it demonstrates consideration for abandoning the class claims.

The court's adjudication will likely focus on the specific terms of the settlement agreement; at least the relevant provisions must be before the court and part of the public record on the motion. The court is not inclined to review the settlement without public access even if the parties intended to keep it confidential.

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.

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 contestdept302tr@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 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) | |