SAN FRANCISCO JUNETEENTH, VS. AFRICAN AMERICAN ART AND CULTURE COMPLEX, INC., ET AL

SF Superior Court - Law & Motion / Discovery Dept 301 - CGC24612757 - November 4, 2025 Hearing date: November 4, 2025 Case number: CGC24612757 Case title: SAN FRANCISCO JUNETEENTH, VS. AFRICAN AMERICAN ART AND CULTURE COMPLEX, INC., ET AL Case Number: | | CGC24612757 | Case Title: | | SAN FRANCISCO JUNETEENTH, VS. AFRICAN AMERICAN ART AND CULTURE COMPLEX, INC., ET AL | Court Date: | | 2025-11-04 09:00 AM | Calendar Matter: | | PLAINTIFF TAMIKA CHENIER'S MOTION TO REVERSE THE COURT'S DISMISSAL FOR FAILURE TO AMEND AND/OR RETAIN COUNSEL AND TO REMOVE SAN FRANCISCO JUNETEENTH AS A PLAINTIFF (MISNOMER) (TENTATIVE RULING PART 1 OF 2) | Rulings: | | Matter on the Law & Motion/Discovery Calendar for Tuesday, November 4, 2025, line 3 PLAINTIFF TAMIKA CHENIER'S MOTION TO REVERSE THE COURT'S DISMISSAL FOR FAILURE TO AMEND AND/OR RETAIN COUNSEL AND TO REMOVE SAN FRANCISCO JUNETEENTH AS A PLAINTIFF (MISNOMER) (TENTATIVE RULING PART 1 OF 2)

Here, as Defendants point out in their late-filed opposition to the motion, the law prohibits Ms. Chenier from representing or appearing on behalf of plaintiff San Francisco Juneteenth to request orders of any type, including but not limited to, dismissal as Juneteenth as a party to the action. Accordingly, Ms. Chenier's request that Juneteenth be dismissed as a party to the litigation must be denied.

Moreover, Ms. Chenier's motion fails to meet the criteria set forth in CCP 473(b) for relief from default. The motion is not supported by an affidavit or declaration establishing grounds for the five-month delay in filing the motion. More importantly, Ms. Chenier did not submit a declaration establishing that her failure to oppose the demurrer or file a timely amended complaint was caused by mistake, inadvertence, surprise or excusable neglect. She merely argues that dismissal of her case was "inappropriate" under Code of Civil Procedure 581(2) because she had a contractual relationship with defendant African American Art and Culture Complex, Inc.

Absent evidence of mistake, inadvertence, surprise or excusable neglect, the court lacks jurisdiction to set aside the order of dismissal. Finally, the motion is defective in that Ms. Chenier failed to lodge a proposed amended complaint. For the reasons set forth above, the motion is denied.

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