Judge: Richard B. Ulmer, Jr., Case: CGC21590076, Date: 2023-06-20 Tentative Ruling
Matter on calendar for Tuesday, June 20, 2023, Line 6, 3 - DEFENDANT ANNETA GROUP, LLC'S Motion For Entry Of Dismissal Of Action Defendant ANNETA GROUP, LLC's motion to dismiss is denied. Defendant can file this motion since it is not in default. Plaintiff defaulted a different entity-movant's predecessor "Anneta Realty, LLC." Plaintiff filed this action on March 2, 2021. On June 29, 2021, plaintiff filed an amended complaint that added movant's predecessor ("Anneta Realty, LLC") as a defendant. On January 27, 2022, movant changed its name to its current name. (Movant's RJN, Ex. 11.) On August 26, 2022, plaintiff served movant's predecessor. (August 29, 2022 proof of service.) There is no showing that plaintiff has properly served movant. Plaintiff's opposing evidence does not clearly set forth why it took so long to serve movant. (See May 15, 2023 Kashani Decl.) Nevertheless, the court does not find that this is a case where there is no showing of good cause for the delay and dismissal is mandatory. (Oskooi v. Fountain Valley Regional Hospital (1996) 42 Cal.App.4th 233, 240-241.) Plaintiff attempted to serve movant on August 26, 2022, which was within the two-year deadline, and was apparently unaware of movant's name change. The court infers that that name change coupled with the numerous "Anneta" entities caused confusion and led to delay. The court exercises its discretion and denies the dismissal request of ANNETA GROUP, LLC. For the 9:30 a.m. Law & Motion calendar, all attorneys and parties may appear in Department 302 remotely. Remote hearings will be conducted by videoconference using Zoom. 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