JOHN DAVID ELLIS VS. HOMESITE INSURANCE COMPANY OF CALIFORNIA ET AL

Set for Law and Motion/Discovery Calendar on Monday, April 13, 2026, Line 13. DEFENDANT PROGRESSIVE ADVANTAGE AGENCY, INC. DEMURRER to COMPLAINT.

Defendant Progressive Advantage Agency, Inc.'s demurrer to Plaintiff John David Ellis's complaint is OFF CALENDAR. Defendant has not demonstrated its moving papers were timely 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"].)

Defendant served its moving papers on Defendant by mail on 3/17/2026, which is not 16 court days plus five days before 4/13/2026, the hearing date noticed. Service by email was improper because Plaintiff is unrepresented and did not consent to electronic service. (See Code Civ. Proc. 1010.6, subd. (c).)

Further, the parties did not timely meet and confer in satisfaction of Code of Civil Procedure section 430.41, subdivision (a), which requires that the parties meet and confer "at least 5 days before the date the responsive pleading is due." (Code Civ. Proc. 1010.6, subd. (a).) The clear legislative intent is that the conference involve personal interaction and be conducted at a time that allows meaningful consideration of the other side's issues. Defense counsel's declaration states that the parties did not meet until March 17, 2026 - the same day Defendant's responsive pleading was due and the same day it filed its demurrer. (See Villalobos Decl. 2.)

Defendant has 15 days leave to respond to the complaint; time running from notice of this order. Prior to the hearing, Moving Party 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.

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) | |