366 GEARY STREET, LLC, ET AL VS. CITY AND COUNTY OF SAN FRANCISCO ET AL

SF Superior Court - Real Property / Housing Dept 501 - CGC23608560 - May 4, 2026 Hearing date: May 4, 2026 Case number: CGC23608560 Case title: 366 GEARY STREET, LLC, ET AL VS. CITY AND COUNTY OF SAN FRANCISCO ET AL Case Number: | | CGC23608560 | Case Title: | | 366 GEARY STREET, LLC, ET AL VS. CITY AND COUNTY OF SAN FRANCISCO ET AL | Court Date: | | 2026-05-04 09:30 AM | Calendar Matter: | | MOTION FOR SUMMARY JUDGMENT Or In Alternative For Summary Adjudication **Amended** | Rulings: | | Real Property/Housing Court Law and Motion Calendar for May 4, 2026. Line 2.

DEFENDANT CITY AND COUNTY OF SAN FRANCISCO MOTION FOR SUMMARY JUDGMENT Or In Alternative For Summary Adjudication **Amended** is continued to May 22, 2026. This motion was originally set for April 8, 2026 hearing. Opposition to the motion was to be filed and served not less than 20 days preceding April 8, 2026, i.e. March 19, 2026.

The Court records indicate that Plaintiff attempted to file an opposition on March 23, 2026. Signature line on the opposition bears "March 23, 2026" signature date (See March 23, 2026, filing submission Line 22 at page 2 of 156) and is accompanied by a proof of service attesting to e-mail service of said filing submission on March 21, 2026). This filing has been rejected.

Plaintiff submitted another version of opposition for filing on March 25, 2026. This document is also signed on March 23, 2026 (See line 22 at page 2 of 14) and is also accompanied by a Proof of Service attesting to service on March 21, 2026. The proof of service appears to be identical to the proof of service filed with the March 23, 2026 submission. It is not clear which version of the opposition was in fact served on the moving party, if any. It is also unclear how a document signed on March 23, 2026 was purportedly served on March 21, 2026. Additionally, moving party asserts that no service at all occurred until March 24, 2026.

No later than May 8, 2026 moving party to (1) file a supplemental brief providing argument and authority (not to exceed 2 pages) re: Court's consideration of late-filed opposition; and (2) file a declaration addressing (a) which version of the opposition was served on the moving party: March 23, 2026 attempted filing or March 25, 2026 filing, or both; and (b) attach copies of the e-mail transmittals; (c) provide corroborating evidence, e.g. e-mail transmittals, that filed opposition was served on March 21, 2026 as stated in the proof of service and not (only) on March 24, 2026 as claimed by the moving party; (d) explain how document signed on March 23, 2026 was served on March 21, 2026; (e) provide any evidence that opposing party wishes to be considered in support of any argument re: consideration of late-filed/served opposition. (f) provide evidence supporting the claim made in the opposition Points and Authorities that "none of the exhibits referenced in Defendant's witnesses declarations or moving papers were attached to those documents or served on Plaintiffs". =(501/CFH)