AXEL8 CONSTRUCTION, LLC VS. CALDERON'S BROTHERS GENERAL BUILDER, INC.

Set for Law and Motion/Discovery Calendar on Thursday, April 16, 2026, Line 10. Petitioner Axel8 Construction, LLC's Petition To Confirm Contractual Arbitration Award is OFF CALENDAR, Defendants have not demonstrated timely filing or service. (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 4/10/2026, which is not 16 court days before 4/16/2026. This is the end of the inquiry.

Petitioner may be relying on Code of Civil Procedure section 1290.2. That section reads: "A petition under this title shall be heard in a summary way in the manner and upon the notice provided by law for the making and hearing of motions, except that not less than 10 days' notice of the date set for the hearing on the petition shall be given." "[T]he notice provided by law for the making and hearing of motions" is set out in section 1005, which is discussed above and requires 16 days' notice. The last clause is a reference to the rules for shortening time but prohibits shortening that gives respondents less than ten days' notice. Even if ten days' notice were all that was required, Petitioner's notice still falls short by several days.

Additionally, the court has no courtesy copies of the moving papers. (See LRSF, rule 2.7(B).) All futures filings must be accompanied by timely submission of courtesy copies to the department. Prior to the time set for hearing, Petitioner 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.