GOLDEN BANK, N.A., A NATIONAL ASSOCIATION VS. JOSEPH GREEN ET AL

Matter on the LAW AND MOTION / DISCOVERY CALENDAR FOR THURSDAY, JUL-31-2025, LINE 15. PLAINTIFF GOLDEN BANK, N.A.,'S, A NATIONAL ASSOCIATION, Amended APPLICATION AND HEARING FOR RIGHT TO ATTACH ORDER.

Plaintiff Golden Bank, N.A.'s Amended Application for Right to Attach Order is DENIED. This is Plaintiff's third request for the same relief. The second was rejected, in part, due to the absence of a Proof of Service of the moving papers.

Again, Plaintiff has failed to submit evidence demonstrating Defendant Joseph Green was timely and properly served. The proof of service attempts to demonstrate substitute service, but such service is not complete until ten days after the follow-up mailing. (See Code of Civil Procedure section 415.20(b).) This would make Plaintiff's service of the moving papers on Green, if effective at all, untimely.

Perhaps the court could construe the POS as demonstrating service by mail (overlooking serious questions about service of the complaint and summons and actual jurisdiction over Defendants), such service would not be complete until five days after mailing. (See Code of Civil Procedure section 1005(b); Code of Civil Procedure section 1013(a) [service by mail to place inside State adds five court days to "any period of notice"].) Even under this construction, Plaintiff has not demonstrated timely service.

Moving Party is ordered to prepare a proposed order which repeats verbatim the above tentative ruling and email it to contestdept302tr@sftc.org prior to the time set for this 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) | |