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Notice Of Motion And Motion To Dismiss Action For Failure To Timely Serve Summons And Petition
Set for Law and Motion/Discovery Calendar on Tuesday, October 14, 2025, Line 1. RESPONDENT CALIFORNIA DEPARTMENT OF REAL ESTATE's Motion To Dismiss Action For Failure To Timely Serve Summons And Petition.
Defendant California Department of Real Estate's motion to dismiss action for failure to timely serve summons and petition is granted.
This motion arises out of a petition for a writ of administrative mandamus to review the validity of disciplinary action taken by the Department of Real Estate. Defendant brings this motion pursuant to California Code of Civil Procedure sections 583.210 and 583.250 requiring dismissal for failure to timely serve summons and petition within three years of commencing an action. None of the exceptions provided for in section 583.240 are applicable to this situation. Although sections 583.210 and 583.250 apply to complaints, they also apply to petitions for writs through section 1109.
Plaintiff has not met his burden to demonstrate timely service or establish grounds for an exception to that failure to timely serve. Defendant acknowledged receipt of the improperly serviced petition. (To Decl. 3-8.) However, " ' "the legislative policy underlying section 583 is not grounded solely in prejudice caused by delay to a defendant. Its purpose, too, is to expedite the administration of justice by compelling every person who files an action to prosecute it with promptness and diligence." ' " (Binyon v. State of California (1993) 17 Cal.App.4th 952, 956 quoting Blank v. Kirwan (1985) 39 Cal.3d 311, 332.) Plaintiff failed to timely serve or make any effort to follow-up with this matter for three years, lacking any exercise of promptness or diligence. Thus, Defendant's motion to dismiss for failure to timely serve is granted.
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.
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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 contestdept302tr@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 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/SKF) |