Tentative ruling issued by Judge HAROLD E. KAHN on Jul. 17, 2012 in San Francisco County, CA - Case no: xxxxx640

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On July 17, 2012, Judge HAROLD E. KAHN of San Francisco County Superior Court, Department 302, issued the following tentative ruling.

The Reference Case No.: (Subscribe to View) San Francisco County, California. Hearing Date 07.17.2012.

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Notice Of Motion To Dismiss Under Civ. Proc. 583.210, Request For Judicial Notice

MATTER ON CALENDAR FOR TUESDAY, JULY 17, 2012, LINE 1, DEFENDANT MCGUIRE AND HESTER Motion To Dismiss Under Civ. Proc. 583.210.

Granted per Code of Civil Procedure sections 583.210 and 583.250. Defendant was not properly served within the mandatory three-year time period. A general appearance by the Defendant after the three-year period does not cure the defective service or preclude Defendant from seeking dismissal. (Brookview Condominium Owners' Association v. Heltzer Enterprises, (1990) 218 Cal.App.3d 502; Busching v. Superior Court, (1974) 12 Cal.3d 44.) 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 prevailing party is required to prepare a proposed order repeating verbatim the substantive portion of t….....

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