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Notice Of Motion And Motion To Dismiss Pursuant To Code Of Civil Procedure Section 583.310
SF Superior Court - Law & Motion / Discovery Dept 301 - CGC19576545 - October 9, 2025 Hearing date: October 9, 2025 Case number: CGC19576545 Case title: SHILOH WADE VS. CITY AND COUNTY OF SAN FRANCISCO ET AL Case Number: | | CGC19576545 | Case Title: | | SHILOH WADE VS. CITY AND COUNTY OF SAN FRANCISCO ET AL | Court Date: | | 2025-10-09 09:00 AM | Calendar Matter: | | Notice Of Motion And Motion To Dismiss Pursuant To Code Of Civil Procedure Section 583.310 | Rulings: | | Matter on the Law & Motion / Discovery calendar for Thursday, October 9, 2025, Line 1. DEFENDANT CITY AND COUNTY OF SAN FRANCISCO's Motion To Dismiss Pursuant To Code Of Civil Procedure Section 583.310.
Defendant City and County of San Francisco's motion to dismiss per CCP 583.310 is granted. Plaintiff Shiloh Wade has not shown that the parties agreed to a settlement, conditional or otherwise, and thus the latest date for the five year period to bring this action to trial is August 18, 2025. The City's insistence on receiving a signed request for dismissal before paying the proposed settlement amount while agreeing not to file the request for dismissal until after paying the settlement amount did not contravene California law and was within the City's rights to require as a term of an enforceable settlement agreement with the plaintiff. Plaintiff cites no authority to the contrary nor is the court aware of any contrary authority. Plaintiff also presents no legal or factual grounds to estop the City from denying that it entered into a settlement with plaintiff.
For the 9:00 a.m. calendar, all attorneys and parties may appear in Department 301 remotely or in person. Remote hearings will be conducted by videoconference using Zoom. (Dept. 301 Zoom ID 161 502 4290; Passcode 700956.) 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 contestdept301tr@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 contestdept301tr@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 or Discovery 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. =(301/HEK) | |
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