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Notice Of Motion And Motion Of Defendant Anneta Group Lp For Mandatory Entry Of Dismissal Of Action
Set for Law and Motion/Discovery Calendar on Wednesday, July 09, 2025, Line 3. 1 - DEFENDANT ANNETA GROUP, LP.'s Motion Of Defendant Anneta Group Lp For Mandatory Entry Of Dismissal Of Action.
Defendant ANNETA GROUP, LP's motion to dismiss is granted. "The summons and complaint shall be served upon a defendant within three years after the action is commenced against the defendant." (CCP 583.210(a).) Where a plaintiff fails to serve a defendant within that time period, the court "shall" dismiss the action against that defendant. (CCP 583.250(a)(2); Elling Corp. v. Superior Court (1975) 48 Cal.App.3d 89, 93 ["Dismissal is mandatory as to a party who has not been served with summons within three years from the commencement of the action unless the case comes within one of the exceptions expressly stated in the statute or implied, as the case law has interpreted it."].)
Plaintiff Brian Ramirez filed this action on March 2, 2021, the 3-year period has passed, and plaintiff does not cite a basis for tolling under CCP 583.240. Plaintiff argues that the failure to serve was due to attorney neglect and he is entitled to mandatory relief under the attorney fault provision in CCP 473(c). Not so. Bernasconi Commercial Real Estate v. St. Joseph's Regional Health Care System (1997) 57 Cal. App. 4ty 1078, 1081-1082 holds that the attorney fault provision of section 473(b) does not apply to a dismissal for failure to serve a summons and complaint within three years. Bernasconi remains good law. Moreover, another case holds that attorney misconduct is not a basis for relief. (Shipley v. Sugita (1996) 50 Cal.App.4th 320, 328 ["Attorney misconduct does not excuse a plaintiff's failure to comply with the mandatory service requirements of section 583.210."].)
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.
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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.
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/HEK)