SELIN R. SENEL VS. CITY OF DALY CITY ET AL

On the Law & Motion/Discovery calendar for Thursday, November 13, 2025, Line 6, Defendant City Of Daly City's Motion To Dismiss For Failure To Timely Amend Following Demurrer.

Defendant City of Daly City's unopposed Motion To Dismiss For Failure To Timely Amend Following Demurrer is GRANTED IN SUBSTANTIAL PART. Defendant moves under Code of Civil Procedure section 581(f)(2). Section 581(f)(2) allows a court, upon motion, to dismiss an action when, after a demurrer to the complaint is sustained with leave to amend, the plaintiff fails to amend it within the time allowed by the court. (See Leader v Health Industries of America, Inc. (2001) 89 Cal.App.4th 603.)

Here, the court sustained a demurrer to the entire complaint in February 2025 and, nine months later, Plaintiff has yet to amend. Good cause appearing, the court dismisses the action in its entirety and orders that judgment may be entered in favor of Moving Defendant.

The court denies the motion to vacate the OSC. Such a request must be addressed to the department that issued the OSC. Moving Party is ordered to prepare a proposed order which repeats verbatim the above text and email it to contestdept302tr@sftc.org prior to the time set for hearing.

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) | |