san francisco superior court law and motion

13 TEN 2 COUNTY OF SAN FRANCISCO However, pursuant to United States Code of Federal Regulations 8 C.F.R. Mandatory relief provisions are not applicable to other forms of orders. 7 Petitioner ) Hearing Date: January 5, 2023 ) 8 VS. ) Hearing Time: 9:00 AM 3 UNIFIED FAMILY COURT ) 8 VS. ) Hearing Time: 9:00 AM ) A complaint is sufficient as long as the pleaded facts state a cause of action on any available legal theory, despite the label for a cause of action in the complaint. It is first worth noting that Defendants memorandum of points and authorities requests to strike surplusage from multiple paragraphs, but this request is not enumerated as required under California Rule of Court, Rule 3.1322. ) 7 Petitioner ) Hearing Date: January 12, 2023 G. D. Searle & Co. v. Superior Court(1975) 49 Cal.App.3d 22, 28. 5 12 REQUEST FOR ORDER OF CHILD CUSTODY 2 COUNTY OF SAN FRANCISCO A mistake in the name of a party is considered a clerical error that the court can amend. ) PLEASE NOTE:In accordance with the Order of the Presiding Judge, a party or representative of a party may appear in Department 19 in person or remotely by Zoom, a web conferencing platform. 11 ) Plaintiff served SFPKOA with form interrogatories, requests for admissions, special interrogatories, and requests for production of documents on April 14, 2021. ), A. 6 NATALIA V KORITSKAYA, ) Case Number: FDI-15-783392 ) ) 6 DARCELL HENDERSON, ) Case Number: FDI-19-792571 5 ) (Chan) (1997) 57 CA4th 1546, 1551, 67 CR2d 804, 807 (disapproved on other grounds by Wilcox v. Birtwhistle (1999) 21 Cal.4th 973, 982, fn. (Laird) obtained medical history and information from Plaintiff, learned of the various symptoms, and took his blood pressure, but then told Plaintiff merely to go home, relax, and eat some food without conducting any further test or examination. San Francisco, CA 94102 The Court heard the Plaintiffs motion for further responses on September 3, 2021. 9 ADAM SCHLIFKE, ) Department: 404 This is highly valuable data that reveals how judges think on substantive legal issues. 6 ALLEN SANCHEZ II, ) Case Number: FDI-13-779930 8 VS. ) Hearing Time: 9:00 AM 7 Petitioner ) Hearing Date: January 17, 2023 12 REQUEST FOR ORDER RE: RESPONDENT TO ENROLL PETIT 2 COUNTY OF SAN FRANCISCO 7 Petitioner ) Hearing Date: January 5, 2023 ) CCP 399(a). This defect is capable of remedy through amendment. ) ) California Code of Civil Procedure Sections 1167.5, 1170.7, 1170.8, and other statutes set shorter notice periods for some motions in unlawful detainer cases. ) 11 Respondent ) Presiding: DANIEL FLORES ) In its finding the Supreme Court stated, in relevant part, [t]his analysis [by the Court of Appeal] necessarily implies that the same factual predicate can give rise to two independent obligations to exercise due care according to two different standards. I like all the marble too. 9 SHAUN MICHAUX, ) Department: 404 Conduct falling below the standard of care does not constitute excusable neglect as required under the discretionary portion of CCP 473(b). Therefore, thedemurreris SUSTAINED with leave to amend as to the fourthcauseofaction. In reviewing all of the bases for transferring the matter to Fresno County, one appears dispositive. 3 UNIFIED FAMILY COURT Department 22. ) ) 13 TENTATIVE R 2 COUNTY OF SAN FRANCISCO ) 6 CHRISTOFFER STANFORD THYGESEN, ) Case Number: FDV-19-814465 ) ) Reserve Traffic Court Date; Law & Motion Calendars; Informal Discovery Calendars; Tentative Rulings; . Kwan Software Engineering, Inc. v. Hennings(2020) 58 Cal.App.5th 57, 81. ) Law & Motion Judge - January 2, 2018 to December 31, 2018 Family Law Judge - September 19, 2014 to December 31, 2017. . 10 Respondent ) Presiding: MARIA EVANGELISTA 5 ) 10 Respondent ) Presiding: MARJORIE SLABACH ) ) ) (See Saunders v. Cariss (1990) 224 Cal.App.3d 905, 908.) If a party timely brings such a motion, the court must transfer the action if it finds that the court is not a proper court. 7 Petitioner ) Hearing Date: January 3, 2023 Phone Number and Phone Hours : (650) 363-4300 or (650) 261-5100 option 5 . ) 10 Respondent ) Presiding: MARIA EVANGELISTA 5 UPA and/or their attorney are to pay $1,500 to Plaintiffs within 30 days of this order. 6 NAOMI ASSARAF, ) Case Number: FDI-19-792611 9 SEAN CHARLSON, ) Department: 403 ) ) 3 UNIFIED FAMILY COURT 5 (Subd (d) amended effective January 1, 2017; adopted as part of a longer subd (d); previously amended effective July 1, 1984, January 1, 1992, July 1, 1997, and January 1, 2004. CCP 2030.300(c) (relating to interrogatories), and CCP 2031.310(c) (relating to requests for production of documents) each provide that a monetary sanction shall be imposed against the party losing a motion to compel further responses unless the court finds substantial justification for that partys position or other circumstances making sanctions unjust. The purpose of monetary sanctions is to mitigate the effects of the necessity of discovery motions and responses on the prevailing party. 5 Court Clerk (Subd (k) relettered effective January 1, 2008; adopted as subd (g) effective July 1, 1997; previously relettered as subd (h) effective July 1, 2000, and as subd (l) effective January 1, 2007; previously amended and relettered as subd (j) effective January 1, 2004.). 5 There being no responses complaint with the Courts order, the request to set aside the order is not in proper form. Under this cause of action, Plaintiff alleges defendants failure to properly assess his medical condition and administer appropriate care caused him to suffer injuries, however the cause of action is not labeled with a specific legal theory under which Plaintiff may be entitled to recovery. 9 GEORGE FAVVAS, ) Department: 403 ) Valley Bank of Nevada, supra, 15 Cal.3d 658. His life and legacy. ) 5 The requirements for proposed orders, including the requirements for submitting proposed orders by electronic means, are stated in rule 3.1312. 3 UNIFIED FAMILY COURT 11 ) ) Generally, a courts power to amend judgment is very limited unless the error in the judgment was clerical. CCP section 473(d); 7 Witkin, Cal.Proc. ) 12 REQUEST FOR ORDER RE: SPOUSAL OR 1 (650) 261-5122. ) See CCP 2030.290; see also Sinaiko Healthcare Consulting, Inc. v. Pacific Healthcare Consultants(2007) 148 Cal.App.4th 390, 411; contra CCP 2030.300 (b-c) (a motion to compel further shall include a meet and confer declaration and shall be filed within 45 days of service of the unsatisfactory response). ) The courts tentative ruling will become the order of the court unless the court has directed the parties to appear or a party gives notice of an intent to appear and argue the motion. 8 VS. ) Hearing Time: 9:00 AM Civic Center Courthouse ) 10 Respondent ) Presiding: JUDITH HARDING 9 CYNTHIA CHERIN, ) Department: 403 Proc. 100 Call the Law and Motion Oral Argument Request Line at (916) 874-2615 by 4:00 p.m. the Court day before the hearing and advise opposing counsel. ) ) ) 8 VS. ) Hearing Time: 9:00 AM Nothing on this site should be taken as legal advice for any individual case or situation. Joe Lopes Dec. (Joe Dec.); Plaintiff Dec.; Lebowitz Dec. 9 KEVIN RICHARD DOUGHERTY, ) Department: 404 (415) 551-3759, Court Manager 6 COUNTY OF SAN FRANCISCO, ) Case Number: FCS-15-351058 SRMH shall prepare and serve a proposed order consistent with this tentative ruling within five days of the date set for argument of this matter. 8 VS. ) Hearing Time: 9:00 AM 6 JOHN FRANCIS DYNIA, ) Case Number: FDI-20-794180 ) Plaintiff Cliff R. Russell (Plaintiff) filed the presently operative first amended complaint (FAC) against defendant Robert J. Russell, trustee of the Robert John Russell Trust (Defendant). ) ) In a demurrer proceeding, the defects must be apparent on the face of the pleading or via proper judicial notice. 10 Respondent ) Presiding: MARIA EVANGELISTA 6 CHITRA AKILESWARAN, ) Case Number: FDI-20-793853 Department 404 The Court is unconvinced that issue sanctions are matters of default as defined under the statute. 8 VS. ) Hearing Time: 9:00 AM 3 UNIFIED FAMILY COURT 7 Petitioner ) Hearing Date: January 17, 2023 10 Respondent ) Presiding: MARJORIE SLABACH 2 12 REQUEST FOR ORDER RE: REIMBURSEMENT OF CHILD EXPENS 2 COUNTY OF SAN FRANCISCO 12 REQUEST FOR ORDER RE SPOU 3 COUNTY OF SAN FRANCISCO 12 REQUEST FOR ORDER FOR CHANGE 2 COUNTY OF SAN FRANCISCO 7 Petitioner ) Hearing Date: January 5, 2023 10 Respondent ) Presiding: MARIA EVANGELISTA Hearings on motions scheduled in Dept. 8 VS. ) Hearing Time: 9:00 AM The motion is GRANTED with leave to amend. 5 10 Respondent ) Presiding: MARIA EVANGELISTA 9:11-13.) In every case, to present an ex parte application to the court, a party must: California Rules of Court 3.1200 et seq. ) Accordingly, even a complaint which fails to allege the elements necessary for the cause of action expressly labeled in the complaint is sufficient to state any cause of action which the pleaded facts actually support, as long as the pleaded facts state a cause of action on any available legal theory. (Ibid. 5 ) 8 VS. ) Hearing Time: 9:00 AM Plaintiff and SFPKOA met and conferred regarding Plaintiffs perceived insufficiencies of the responses. Family Law handles domestic relations cases including dissolutions, separations, nullity, domestic violence prevention, paternity actions, child custody, child support, visitation arrangements, spousal support, family support and adoptions. Food 4 Less Supermarkets, Inc. v. Superior Court(1995) 40 Cal.App.4th 651, 657. ) ) 7 Petitioner ) Hearing Date: January 10, 2023 Complaint 13. 8 VS. ) Hearing Time: 9:00 AM The declaration of Juliana Combs setting forth Defendants meet and confer process is concurrently filed herewith. (Amended Memorandum of Points and Authorities in Support of Demurrer (MP&A) p. The burden rests on the party seeking discovery to show that it is directly relevant, or essential, to the lawsuit. ) 6 COUNTY OF SAN FRANCISCO, ) Case Number: FCS-22-355607 Attorneys offices are only located in California. 10 Respondent ) Presiding: MARJORIE SLABACH 6 JENNIFER SANDELIN, ) Case Number: FDV-15-811822 10 Respondent ) Presiding: MARIA EVANGELISTA 9 LUCY GUEVARA, ) Department: 403 5 ) 11 ) (Central Pathology Service Med. 9 CRYSTAL HOUSTON SIEGLER, ) Department: 404 If a party fails serve a timely response, the court shall impose sanctions unless it finds that the party subject to the sanction acted with substantial justification or that other circumstances make the imposition of the sanction unjust. 11 ) 1.2 and United States Code 5 U.S.C. CCP 1292(a) & 1292.2. Read San Francisco Bay Guardian v. Superior Court, 17 Cal.App.4th 655, see flags on bad law, and search Casetext's comprehensive legal database . 3 UNIFIED FAMILY COURT ) 3 UNIFIED FAMILY COURT 11 ) Applications to Stay Evictionscan be filed at any court location that accepts civil filings: - Ren C. Davidson Courthouse (Oakland), and. 7 Petitioner ) Hearing Date: January 12, 2023 ) 7 Petitioner ) Hearing Date: January 5, 2023 Find electronic and print forms for court and sample legal agreements at the San Francisco Law Library. 9 VS. ) Hearing Time: 9:00 AM 3 UNIFIED FAMILY COURT ) 12 REQUEST FOR ORDER OF CHILD CUSTODY; REQUEST FOR O 2 COUNTY OF SAN FRANCISCO The matter went unresolved and Plaintiff filed a motion to compel further responses on June 30, 2021. ) SFSC LR 8.1 (amended eff 7/1/21). The San Francisco Superior Court offers online access to Civil case filings, Tentative Rulings, and pay Traffic citations. ) The court may construe the absence of a memorandum as an admission that the motion or special demurrer is not meritorious and cause for its denial and, in the case of a demurrer, as a waiver of all grounds not supported. 9 DONTAE HILL SR., ) Department: 403 UPAs attorneys recalcitrance toward the entire process indicates to the Court that this discovery abuse appears to stem in part from the actions of counsel. It is clear that UPA has failed to serve timely responses, and therefore Plaintiffs are entitled to sanctions. ) 12 REQUEST FOR ORDER RE: DEFAULT PROVE UP HEARING RE R 2 COUNTY OF SAN FRANCISCO 9 DAVID STEWART, ) Department: 404 (1993) 18 Cal.App.4th 919, 933; see also Britt v. Sup.Ct. Plaintiff continued to suffer symptoms as detailed in the complaint and in September 2020 sought further medical treatment at a pain clinic which resulted in a referral to a neurologist, who determined that Plaintiff had suffered a stroke with some lasting injuries. Regarding RPODs, a demand for production may request access to documents, tangible things, land or other property, and electronically stored information in the possession, custody, or control of another party. ) These facts do not rise to the previously upheld bases for punitive damages in cases of intoxicated driving. 7 Witkin, Cal.Proc.. section 68; see Fay v. Stubenrauch (1904) 141 Cal. Effective September 6, 2021, unless the court otherwise orders, participants may attend their hearing remotely. Petitioner Just-In Time, Inc. (Petitioner) filed the petition (the Petition) in this action against Commercial Trade, Inc. (Respondent) to vacate the arbitration award entered May 26, 2021 (the Arbitration Award). 5 ) UPA served the original responses to the same RPODs and FIs months prior. 5 (CCP 1010.6; California Rule of Court (CRC) 2.251(c)(3)(B).) ) ) 8 VS. ) Hearing Time: 9:00 AM A party to whom a document demand is directed must respond to each item in the demand with an agreement to comply, a representation of inability to comply, or an objection. 9 JONATHAN TRAWINSKI, ) Department: 404 5 7 Petitioner ) Hearing Date: December 27, 2022 13 TENTATIVE RULING ) 6 SEEMA HAJI, ) Case Number: FDI-16-785594 (1987) 194 Cal..App.3d 1023, 1027 (judgment amended to add defendant corporations alter ego, in control of the litigation, as additional judgment debtor on ground that omission was misnomer). 10 Respondent ) Presiding: MARIA EVANGELISTA SRMH requests the court take judicial notice of Plaintiffs complaint filed on March 2, 2022. ) 5 3 UNIFIED FAMILY COURT ) 9 JASA BLACKWELL et al, ) Department: 404 8 Petitioner ) Hearing Date: January 5, 2023 Otherwise, the county where the agreement is to be performed, or was made is the proper venue. ) ) ) ) File & ServeXpress has been providing electronic filing and service in San Francisco Superior Court cases since 1998. . 11 ) Law and Motion Departments 53 and 54 hear all other civil motions, petitions for change of name, and applications for appointment of guardian ad litem. Shorter Notice Periods May Apply. 2 COUNTY OF SAN FRANCISCO There is no requirement that the failure to comply with discovery be willful for the court to impose monetary sanctions. 6 JACQUELINE M SCHLIFKE, ) Case Number: FDI-15-783643 8 VS. ) Hearing Time: 9:00 AM F. Ninth Cause of Action - Negligent Supervision. The court decides these applications without a hearing. 8 VS. ) Hearing Time: 9:00 AM 5 ) ) 3 UNIFIED FAMILY COURT ) SRMH asserts they counsel met and conferred in good faith with Plaintiff s, pro per, prior to the filing of this demurrer. See, e.g. Cal. 6 DIANA AI HUANG, ) Case Number: FDI-22-796207 Moreover, in the memorandum of points and authorities, SRMH presents arguments over portions of the complaint, such as the request for punitive damages, which are, not even among the portions of the complaint which SRMH asks the court to strike. 9 LLANCARLO ROMO(BOLANOS), ) Department: 403 ) (5th Ed.2008, March 2020 Update) Judgment 67-70. ) Whether a party or their representative will be appearing in person or by Zoom must be part of the notification given to the Court and other parties as stated below. SKPKOAs counsel Summer Smith appeared at the hearing and argued against the motion. 13 TENTATIVE RULING 9 MAURICE HUNTER, ) Department: 403 ) 8 VS. ) Hearing Time: 9:00 AM ) The only discovery responses which SFPKOA alleges to have served on August 23, 2021 still have no verifications attached or submitted to the court. 11 ) 6 STEPHEN WAHL, ) Case Number: FDI-18-789406 5 ) As such, any venue determinations are properly derived under that section of the CCP. ) 12 REQUEST FOR ORDER FOR CHANGE OF TEMPORARY EMER 2 COUNTY OF SAN FRANCISCO 7 Petitioner ) Hearing Date: January 10, 2023 by clicking the Inbox on the top right hand corner. 6 JESSE H KONIUK, ) Case Number: FDI-21-794578 5 ) 12 REQUEST FOR ORDER FOR CHANGE OF 2 COUNTY OF SAN FRANCISCO ) If a license revocation is going to take effect, the legal process to ask a Superior Court judge to issue a stay order using an ex parte application for stay. Aside from the prayer for attorney fees and cost of suit, it fails to specify the portions of the complaint which SRMH asks the court to strike. 4 UNIFIED FAMILY COURT ) 10 Respondent ) Presiding: MARIA EVANGELISTA See below for additional requirements for unlawful detainers and other civil cases. CCP 412.20(a) states in relevant part that a summons must be directed to the defendant. ) 9 JACQUEZ BURNS, ) Department: 403 ) ) ) (Subd (m) amended effective January 1, 2016; adopted as subd (i) effective July 1, 1997; previously amended and relettered as subd (l) effective January 1, 2004; previously relettered as subd (j) effective July 1, 2000, as subd (n) effective January 1, 2007, and as subd (m) effective January 1, 2008.). 10 Respondent ) Presiding: MARIA EVANGELISTA 6 RACHAEL LOHREY, ) Case Number: FMS-21-387368 11 ) SRMH asserts the cause of action for negligent supervision should not proceed because it is not vicariously liable for any negligence committed by any physician based on a theory said physician was a hospital employee because [physicians] are independent contractors and [SRMH] had no right to control them. (MP&A pp. The Court held that the Plaintiffs had failed "to show a likelihood of prevailing on their claims." 7 Petitioner ) Hearing Date: December 22, 2022 ) County of Los Angeles (2004) 120 Cal.App.4th 1389, 1394.) ) 12 REQUEST FOR ORDER RE: RESCISSION OF THE STIPULA 2 COUNTY OF SAN FRANCISCO See also Mitchell v. Sup. 6 ANDREW KOKLIONG GAN, ) Case Number: FDI-16-785159 8 VS. ) Hearing Time: 9:00 AM 12 REVIEW HEARING RE: PARENTING TIME, PR 2 COUNTY OF SAN FRANCISCO ) ) Plaintiffs David Pelayo, Roberto Hernandez, Edmond Andre, Bryan Munoz and Brian Medeiros (Plaintiffs), filed the complaint in this action against Utility Partners of America, LLC (UPA or Defendant) arising out of alleged violations of employment law (the Complaint). ) ) ) 13 REQUEST FOR ORDER FOR CHANGE OF CHILD CUSTODY, V 2 COUNTY OF SAN FRANCISCO Curated guides to resources from librarians at the San Francisco Law . 3 UNIFIED FAMILY COURT Respondents counsel shall submit a written order to the Court consistent with this tentative ruling and in compliance with Rule of Court 3.1312(a) and (b). The application must state reasons why the argument cannot be made within the stated limit. 10 Respondent ) Presiding: MARIA EVANGELISTA JURORS to reschedule your jury service without coming to court, click here. Cheng San Francisco Superior Court: Alfred G. Chiantelli San Francisco . However, as of January 6, 2023, a declaration of Juliana Combs has not been filed. Last. 12 ) 11 ) When considering demurrers, courts read the allegations liberally and in context. 12 REQUEST FOR ORDER RE: ATTORNEY FEES AND COSTS, 2 COUNTY OF SAN FRANCISCO There is a fee payable for the motion at the time of filing, unless you have a waiver of fee on file. ) CourtCall is not permitted for this calendar. Local Rule 8.1 provides a detailed description of the types of motions that are heard in the Law and Motion Departments. Ct. (1969) 273 Cal.App.2d 7, 8-9. Attn: Appellate Court Services. Department rules are available here. Clickherefor more information about tentative rulings. 5 ) See, e.g. 11 ) 6 EMMA L GONZALEZ, ) Case Number: FLD-16-396370 5 8 VS. ) Hearing Time: 9:00 AM 7 Petitioner ) Hearing Date: January 10, 2023 The largest division in the San Francisco Superior Court, the Civil Division conducts civil trials and manages civil filings, records, small claims cases, appeals, probate matters, unlawful detainers, defaults, case management, dispute resolution, name changes, and civil restraining orders to prevent harassment and elder abuse. Unscheduled motions will not be heard. 6 ) ) 3 UNIFIED FAMILY COURT To that effect, Plaintiffs motion has been rendered MOOT by UPAs subsequent provision of supplemental responses. 12 REQUEST FOR ORDER RE: TEMPORARY EMERGENCY ORDER, 2 COUNTY OF SAN FRANCISCO 12 OTHER REVIEW HEARING 10 Respondent ) Presiding: DANIEL FLORES 11 ) 3 UNIFIED FAMILY COURT ) ) 7 Petitioner ) Hearing Date: December 22, 2022 Department 302 of the San Francisco County Superior Court hears law and motion matters, including all writs and receivers cases. When a party contends that an action has been brought in the wrong court, i.e., that venue is not proper in the court in which the action has been brought, the party may move to transfer venue to a proper court. See Appleton v. Superior Court (1988) 206 Cal.App.3d 632, 635,636. 8 VS. ) Hearing Time: 9:00 AM ) ) Sanctions are mandatory under the CCP for discovery abuses, absent substantial justification. 8 VS. ) Hearing Time: 9:00 AM ) 12 REQUEST FOR ORDER FOR CHANGE O 2 COUNTY OF SAN FRANCISCO 7 Petitioner ) Hearing Date: January 3, 2023 5 8 VS. ) Hearing Time: 9:00 AM ) (2) If a California case is cited before the time it is published in the advance sheets of the Official Reports, the party must include the title, case number, date of decision, and, if from the Court of Appeal, district of the Court of Appeal in which the case was decided. ) give notice of the hearing date as required by law. Palay v. Sup.Ct. Superior Court of California San Francisco Timing Sixty (60) Days After Commencement of the Action > > Read More.. > > Read More.. Scheduling Summary Judgment Motion > > Read More.. Scheduling the Hearing. San Francisco County Superior Court Law and Motion Department Department 302 of the San Francisco County Superior Court hears law and motion matters, including all writs and receivers cases. However, per CCP 1005, Plaintiffs opposition was due nine court days prior to hearing, and Plaintiff filed his opposition only seven days prior. 7 Petitioner ) Hearing Date: December 29, 2022 Ct. (1982) 31 Cal.3d 921, 929. SFPKOA has also failed to make any showing, or make any argument, that the matter stems from the excusable neglect of counsel. ) A conscious disregard for the safety of others may constitute malice. 12 OTHER REVIEW HEARING; ORDER TO SHOW CAU 2 COUNTY OF SAN FRANCISCO Reputation. ) 9 JIAYING HE, ) Department: 403 ) ) ) Law and Motion (559) 457 . Civic Center Courthouse 13 TENTATIVE RULING ) 14 Ap 2 COUNTY OF SAN FRANCISCO 9 SHUMPEI KAWASAKI, ) Department: 404 San Francisco, CA 94102 Default was entered against Defendant on August 19, 2021. 10 Respondent ) Presiding: MARIA EVANGELISTA As with demurrers, the policy is to construe pleadings liberally with a view to substantial justice. (CCP 452.) 12 REQUEST FOR ORDER SPOUSAL OR PARTNER SUPPORT 7 Petitioner ) Hearing Date: January 5, 2023 Attorneys will NOT advise clients on the laws of any State or any State law legal matters (with the exception of California). 3 UNIFIED FAMILY COURT A memorandum that exceeds 15 pages must also include an opening summary of argument. ) 3 UNIFIED FAMILY COURT ) Plaintiff demonstrates recognition from the start that Defendant would be entitled to some medical information regarding Joe, Plaintiff met and conferred and had already agreed to provide some information, including a physicians note from the events in question and which Plaintiff had offered to support her accommodation request. ) Civic Center Courthouse ) The Court maintains jurisdiction to determine whether sanctions are appropriate in spite of UPAs dilatory responses. Trellis, a legal research platform, aggregates San Francisco County County tentative rulings and all tentative rulings in California. **This is the end of the Tentative Rulings. 5 12 OTHER REVIEW HEARING 8 VS. ) Hearing Time: 9:00 AM (See Donabedian v. Mercury Ins. ) 12 ORDER OF EXAMINATION ISSUED ) When an arbitration occurs in only one county, that county is the proper venue for motions to vacate the arbitration award. If you are unable to find your San Francisco Family Law dissolution case online, please contact Client Support at 888-529-7587. ) 8 VS. ) Hearing Time: 9:00 AM Rodriguez v. Brill(2015) 234 Cal.App.4th 715, 729. Plaintiffs shall submit a written order to the Court consistent with this tentative ruling and in compliance with Rule of Court 3.1312(a) and (b). ) Under the mandatory relief provision of CCP 473(b), the court shall, whenever an application for relief is made no more than six months after entry of judgment, is in proper form, and is accompanied by an attorney's sworn affidavit attesting to his or her mistake, inadvertence, surprise, or neglect, vacate any dismissal entered against his or her client, unless the court finds that the default or dismissal was not in fact caused by the attorney's mistake, inadvertence, surprise, or neglect. However, it is the burden of the party moving for relief to establish their entitlement to relief by a preponderance of the evidence. (1975) 15 Cal.3d 652, 657. In its amended notice of demurrer and demurrer to Plaintiffs complaint, SRMH demurs to Plaintiffs eleventh cause of action for Punitive Damages, however, the court notes this request is not addressed in its amended memorandum of points and authorities filed therewith. (Civil Case Coordination) 455 Golden Gate Avenue, 5th Floor. See Taylor, supra, 24 Cal.3d at 893 (punitive damages was adequately plead where defendant repeatedly drove under the influence, had convictions for drunk driving, and had previously caused accidents while intoxicated); see also Dawes, supra, 111 Cal.App.3d at 90 (punitive damages was adequately plead where defendant drove while intoxicated, speeding into a crowded intersection at 65 mph in a 35 mph zone, and attempted to mislead officers as to whether or not he was driving). The actions undertaken by Ms. Smith are clearly below the standard of care, and SFPKOA make no efforts to argue the contrary. 3 UNIFIED FAMILY COURT ) ) Civic Center Courthouse To the extent practicable, all supporting memorandums and declarations must be attached to the notice of motion. 11 ) ) Ibid. Phone: 415-705-1033 CCP 2030.290(c) (relating to interrogatories), and CCP 2031.300(c) (relating to requests for production of documents) provides that a monetary sanction shall be imposed against the party losing a motion to compel further responses unless the court finds substantial justification for that partys position or other circumstances making sanctions unjust. For the court to order sanctions against an attorney, the Court must find that the attorney advised their client to engage in discovery misconduct. ) 8 VS. ) Hearing Time: 9:00 AM Having reviewed the supplemental filings of the parties, the Court finds no basis to come to a different conclusion. This matter arises under the CAA (CCP 1280, et seq.). ) ) The information on this website is for general information purposes only. Severe emotional distress [is] emotional distress of such substantial quantity or enduring quality that no reasonable man in a civilized society should be expected to endure it. (Fletcher v. Western Life Insurance Co. (1970) 10 Cal.App.3d 376, 397; see alsoCACI 1600.). 7 Petitioner ) Hearing Date: January 12, 2023 will be able to access it on trellis. ) ) Co. (2004) 116 Cal.App.4th 968, 994.) In a summary judgment or summary adjudication motion, no opening or responding memorandum may exceed 20 pages. On January 6, 2023, Plaintiff filed an opposition. Plaintiffs have not shown argued or indicated that the objections present in the current motion are new, or were not asserted in the original discovery responses. If papers are served by personal service, service must be made at least 16 court days before the hearing. Again, SRMH asks the court to strike only the prayer for attorney fees and cost of suit as well as irrelevant references to careless, reckless, wanton, unlawful, offensive, and grossly negligent conduct. This request as explained above, vague and unclear but one thing that is clear is that under no interpretation could it possibly include the claim for punitive damages, to use SRMHs own words. ) ) In every case, to present a motion to the court, a party must: A party must give notice of the hearing as required by law. 5 This is an erroneous assertion, as courts of this state, including the Supreme Court of California have addressed this statute. 3 UNIFIED FAMILY COURT 3 UNIFIED FAMILY COURT 3 UNIFIED FAMILY COURT Defendant points out on reply that Plaintiffs opposition was late. 11 ) There is no requirement to meet and confer prior to filing a motion to compel where there has been no response to discovery requests. Sinaiko Healthcare Consulting, Inc. v. Pacific Healthcare Consultants(2007) 148 Cal.App.4th 390, 410-411. The court may correct clerical mistakes in its judgment or orders as entered, so as to conform to the judgment or order directed. CCP section 473(d). Law and motion and ex parte applications in a direct calendar case are heard in the department to which the case was assigned. He alleges that this has resulted in permanent injuries. ) 6 ROMISEH PAKZADIAN, ) Case Number: FDI-11-774399 ) No reply or closing memorandum may exceed 10 pages. 10 Respondent ) Presiding: MARIA EVANGELISTA Motions In every case, to present a motion to the court, a party must: If in electronic form, the copy must be electronically bookmarked as required by rule 3.1110(f)(4). ) 5 9 WEN MIN JIANG, ) Department: 403 Defendant served two subpoenas for Joes medical records, one on Kaiser Permanente (Kaiser) and one on Ds. 10 Respondent ) Presiding: DANIEL FLORES Plaintiff provides the physicians note on which Plaintiff was relying in seeking accommodation and this note provides some explanation of Joes condition. ) Pretrial Order for NON-COMPLEX Case s. CMC Order for COMPLEX Case s. Danny Y. Chou, Civil Judge. 7 Petitioner ) Hearing Date: January 17, 2023 ) (Code of Civil Procedure (CCP) 430.41.). 5 8 VS. ) Hearing Time: 9:00 AM ) ) ) CCP 2031.050 (a)-(b). 5 11 ) 9 BOHDANNA M KESALA, ) Department: 403 3 UNIFIED FAMILY COURT The motion to compel medical records pursuant to subpoena is DENIED without prejudice to Defendant seeking some additional medical information should it demonstrate a specific, particularized need in light of the information which Plaintiff and Joe have provided. ) 12 REQUEST FOR ORDER RE: RECONSIDERATION OF 1 2 COUNTY OF SAN FRANCISCO Third Cause of Action - Violation of EMTALA Statute, SRMH asserts the cause of action for violation of EMTALA statute should not proceed because this court does not have jurisdiction over an EMTALA because EMTALA is a federal statute and violations of federal statutes must be brought in federal court. (MP&A p. ) A Practice Limited to Licenses and Regulatory Law. Defendant is not named as an individual in the FAC, he is only named in his capacity as a trustee. 9 KAILIN WANG, ) Department: 404 The purpose of monetary sanctions is to mitigate the effects of the necessity of discovery motions and responses on the prevailing party. 11 ) The San Francisco Superior Court offers online access to Tentative Rulings for Civil and Family Law matters. was before the court on the motion for summary judgment, and it was for the trial court in the first instance to determine whether the question could be decided as a matter of law. 9 TIMON KARLEUNG SOOHOO JR, ) Department: 404 5 The motion is largely, and fatally, defective in presenting the portions of the complaint which SRMH asks the court to strike. CCP 2030.290, 2031.300, 2033.280. The court may take judicial notice of court records of this state. 11 ) ) Code of Civil Procedure (CCP) sections 1985.3(g), 1985.6(f), 1987.1; see also Monarch Healthcare v. Sup.Ct. 3 UNIFIED FAMILY COURT 9 A judge may require that a copy of that case must be lodged. ) He claims that Defendants negligently or intentionally disregarded signs of a stroke or other serious problem, either due to negligence or intentionally in order to avoid further treating Plaintiff because he was a recipient of Medi-Cal. Local Rule 8 governs the procedures for petitions for writ of administrative mandamus. 11 ) 7 Petitioner ) Hearing Date: December 29, 2022 ) ), Demurrer for failure to state facts sufficient to constitute a cause of action is a general demurrer, which must fail if there is any valid cause of action. 11 ) ) Department Hours and Locations Presiding Judge 720 9th Street, 6 th Floor 8:30 a.m. to 12:00 noon and 1:30 p.m. to 4:30 p.m. Law and Motion Department 53 813 6 th Street, 2 nd Floor ) The Hon. ) ) Appleton v. Superior Court(1988) 206 Cal.App.3d 632, 636; Allen-Pacific, Ltd. v. Sup.Ct. 10 Respondent ) Presiding: MARIA EVANGELISTA ) ) Despite further warning signs and the fact that he needed assistance to leave SRMH, Defendants continued to discharge him without doing more. South San Francisco, CA 94080 . SFSC LR 8.1 (amended eff 7/1/21). ) 10 Respondent ) Presiding: MARIA EVANGELISTA 7 Petitioner ) Hearing Date: January 5, 2023 See, e.g. Print | E-mail Civil and Family Law Tentative Rulings Please refer to the notice entitled "Information Regarding Coronavirus (COVID-19) and Court Operations" on the court's home page for further detailed information. Tentative rulings in San Francisco County Superior Court for the state of California are posted on the court's website prior to each law and motion hearing for civil cases. (Complaint, 75.) 11 ) 6 NAOMI ASSARAF, ) Case Number: FDI-19-792611 Accordingly, the demur to the third cause of action is OVERRULED. After submission of the order, the Court will sign the Amended Judgment. 12 REQUEST FOR ORDER OF CHI 2 COUNTY OF SAN FRANCISCO 7 Petitioner ) Hearing Date: January 3, 2023 9 VADIM V NISENBAUM, ) Department: 404 ) The San Francisco Superior Court is currently under Presiding Judge Robert Dondero, and Assistant Presiding Judge David Ballati. ) See, e.g. 7 Petitioner ) Hearing Date: December 22, 2022 ) ) The burden requires the moving party to negate all of the possible bases for venue. ) Code Civ. (CCP 430.10(e); Fox v. JAMDAT Mobile, Inc. (2010) 185 Cal.App.4th 1068, 1078 as long as a complaint consisting of a single cause of action contains any well-pleaded cause of action, a demurrer must be overruled even if a deficiently pleaded claim is lurking in that cause of action as well.) In pleading, the actual content of the allegations is more important than the express title or identification of causes of action. CCP 1292.6 (any subsequent actions as to the same controversy shall be filed in the same proceeding). Family Law Facilitator Office Rules (Prepared by the Superior Court of California, County of San Bernardino) A Guide for volunteers and interns (Prepared by the Legal Aid Foundation of Santa Barbara County.) ) Taylor v. Superior Court(1979) 24 Cal.3d 890, 897 (Taylor). ) ) ) Complaint 13. 7 Petitioner ) Hearing Date: January 12, 2023 A motion to strike is also properly directed to unauthorized claims for damages, meaning damages which are not allowable as a matter of law. ) 5 11 ) In the context of original replies, timely unverified responses containing both objections and answers may serve to maintain objections. However, timely unverified responses containing both objections and answers may serve to maintain objections. ) 3 UNIFIED FAMILY COURT 3 UNIFIED FAMILY COURT SRMH argues the following causes of action should not be allowed to proceed because Plaintiff fails to state facts sufficient to support the causes of action: (2) Negligence; (3) Violation of EMTALA Statute; (4) Personal Injury; (5) Intentional Infliction of Emotional Distress; (6) Negligent Infliction of Emotional Distress; (7) Wage Loss; (8) Loss of Earning Capacity; (9) Negligent Supervision; (10) Possible Diminution of Life Span; and (11) Punitive Damages. 11 ) 908.) Untimely responses to discovery requests waive all objections. 12 REQUEST FOR ORDER OF CHILD CUSTODY, VISITATION (P 2 COUNTY OF SAN FRANCISCO 8 VS. ) Hearing Time: 9:00 AM Petitioner is required to pay costs and fees of transferring the action from Sonoma County Superior Court to the Fresno County Superior Court. ) ), As to negligence, in Flowers v. Torrance Memorial Hospital Medical Center (1994) 8 Cal.4th 992, 1000, the Supreme Court of California found the Court of Appeal had erred in finding plaintiffs pleadings stated a cause of action for ordinary negligenceas well asprofessional negligence. The Court signed the order regarding the sanctions on June 15, 2022, in open court, with Ms. Smith present. 9 ADAM SCHLIFKE, ) Department: 404 ) CCP 396b(a). However, Plaintiffs request that the Court find that UPAs objections have been waived by their untimely response. 7 Petitioner ) Hearing Date: January 17, 2023 ) 7 Petitioner ) Hearing Date: January 12, 2023 12 REQUEST FOR ORDER OF REQUEST FOR ORDER 2 COUNTY OF SAN FRANCISCO 6 COUNTY OF SAN FRANCISCO, ) Case Number: FCS-22-355509 13 REQUEST FOR ORDER RE REQUEST FOR MONETARY A 2 COUNTY OF SAN FRANCISCO Judges often set a motion cut-off date or deadline. 4 UNIFIED FAMILY COURT ) ), As to negligent infliction of emotional distress, courts have articulated that thenegligentcausing of emotional distress is not an independent tort but the tort ofnegligence. (Marlene F. v. Affiliated Psychiatric Medical Clinic, Inc.(1989) 48 Cal.3d 583, 588 citing 6 Witkin, Summary of Cal. If you desire to appear and present oral argument, YOU MUST NOTIFY Judge Nadler's Judicial Assistant by telephone at (707) 521-6602 and all other opposing parties of your intent to appear, and whether that appearance is in person or via Zoom, no later 4:00 p.m. the court day immediately preceding the day of the hearing. 11 ) 7 Petitioner ) Hearing Date: December 22, 2022 On this page, you will find every civil tentative ruling from San Francisco County Superior. DEPARTMENT 22 TENTATIVE RULINGS FOR NON-COMPLEX CASE S. 13 TENTATIVE RULING On November 9, 2022, this motion was continued because there was no proof of service showing notice of the hearing and the service was electronic, but Plaintiff is self represented, making such service ineffective absent agreement. 6 COUNTY OF SAN FRANCISCO, ) Case Number: FCS-18-353262 11 ) 14 2 COUNTY OF SAN FRANCISCO See Zamora v. Clayborn Contracting Group, Inc.(2002) 28 Cal.4th 249, 258 (actions falling below the professional standard of care is not excusable neglect as defined under CCP 473(b)). Defendants counsel shall submit a written order to the court consistent with this ruling and in compliance with California Rules of Court, Rule 3.1312. The largest division in the San Francisco Superior Court, the Civil Division conducts civil trials and manages civil filings, records, small claims cases, appeals, probate matters, unlawful detainers, defaults, case management, dispute resolution, name changes, and civil restraining orders to prevent harassment and elder abuse. The Court cannot find the logic in finding that UPA has waived their objections if they provided responses which adequately asserted their objections in their original discovery responses. 10 Respondent ) Presiding: DANIEL FLORES ) Defendant moves the court to compel Kaiser and Winer to produce Joes subpoenaed medical records. Room 402 (415) 551-3900, 8:30 a.m. - 12:30p.m. Monday - Friday (excluding Court holidays), 2023 Superior Court of California - County of San Francisco, Caf at Civic Center Courthouse - Starchef, Information Regarding Coronavirus and Court Operations, Family Law Facilitator/Family Law Self-Help Center, California Courts Self-Help/Divorce or Separation. 8 VS. ) Hearing Time: 9:00 AM 6 ROBERT ELLIOTT WHITEMAN, ) Case Number: FDV-22-816509 ) (SeePanos v. Great Western Packing Co. (1943) 21 Cal.2d 636, 638.) ) SFSC LR 8.1 (amended eff 7/1/21). H. Eleventh Cause of Action - Punitive Damages. 3 UNIFIED FAMILY COURT ) CCP 2031.300(c) & 2033.280(c). ) 11 ) ) 10 Respondent ) Presiding: DANIEL FLORES 6 MICHAEL JOHN NAPOLITANA, ) Case Number: FDI-18-790530 10 Respondent ) Presiding: MARIA EVANGELISTA 12 REQUEST FOR ORDER RE: COMPEL PETITION 2 COUNTY OF SAN FRANCISCO Legal advertisement. ) ) A demurrer tests the pleadings alone and not the evidence or other extrinsic matters. 7 Petitioner ) Hearing Date: January 3, 2023 Dept. 6 RADHEY SHYAM, ) Case Number: FDI-19-792403 Blumenthal v. Superior Court(1980) 103 Cal.App.3d 317, 319. Plaintiffs request for sanctions is GRANTED. ) Roney & Co. (1952) 112 Cal.App.2d 420, 425 (amendment to designate true name of judgment debtor); Davis v. Rudolph (1947) 80 Cal.App.2d 397, 405; Jack Farenbaugh & Son v. Belmont Const. 9 JEREMIAH SHARLOW, ) Department: 404 ) 12 REQUEST FOR ORDER FOR CHANGE OF CHA 2 COUNTY OF SAN FRANCISCO 3 UNIFIED FAMILY COURT Departments 403/404 will continue to post tentative rulings scheduling mediations and hearing dates pursuant to San Francisco County Superior Court Local Rule 11.7(D)(3) and . 9 DANIEL ANTHONY LEYVA, ) Department: 404 ) ) ) ) Sacramento County Superior Court Prerogative Writ Departments. If a responding party is not able to comply with a particular request, that party shall affirm that a diligent search and a reasonable inquiry has been made in an effort to comply with that demand. CCP 2031.230. ) ) The moving party shall file a declaration with the demurrer as to the meet and confer efforts. ) (1979) 99 Cal.App.3d 283, 288. Civil Code 3294 authorizes the recovery of punitive damages in noncontract cases where the defendant has been guilty of oppression, fraud, or malice Malice means conduct which is intended by the defendant to cause injury to the plaintiff or despicable conduct which is carried on by the defendant with a willful and conscious disregard of the rights or safety of others. The Court usually issues tentative rulings two days before most law and motion matters. 7 Petitioner ) Hearing Date: January 12, 2023 By contrast, Defendant argues, in part, that it did not fail to provide reasonable accommodations or otherwise violate FEHA because Joes condition was not such that Plaintiff was entitled to the accommodations requested. 10 Respondent ) Presiding: JUDITH HARDING (415) 551-3747, Judge Braden Woods Nonetheless, numerous factors weigh against discovery of the records at issue. 12 OTHER REVIEW HEARING District 1 Sandra Lee FewerDistrict 2 Catherine StefaniDistrict 3 Aaron PeskinDistrict 4 Gordon MarDistrict 5 Dean PrestonDistrict 6 Matt HaneyDistrict 7 Norman YeeDistrict 8 Rafael MandelmanDistrict 9 Hillary RonenDistrict 10 Shamann WaltonDistrict 11 Ahsha Safai, Office of the City Administrator City Hall, Room 362 1 Dr. Carlton B. Goodlett Place San Francisco, CA 94102. 13 TENTATIVE RULING . ) ) Court Clerk 11 ) 2 COUNTY OF SAN FRANCISCO 3 UNIFIED FAMILY COURT ) 12 REQUEST FOR ORDER FOR CHANGE OF VISITATIO 2 COUNTY OF SAN FRANCISCO 9 MARCUS C HOPKINS, ) Department: 403 Non-discovery Law and Motion Matters Local Rule 8.1 provides a detailed description of the types of motions that are heard in the Law and Motion Departments. 6 SEEMA HAJI, ) Case Number: FDI-16-785594 13 TE 2 COUNTY OF SAN FRANCISCO ) ) (Subd (f) amended and lettered effective January 1, 2007; adopted as part of subd (d); subd (d) previously amended and relettered as subd (e) effective January 1, 2004), (g) Effect of filing an oversized memorandum. List of San Mateo Superior Court Civil Judges and information on Civil Direct Calendars Print ) 6 REBECCA REBECCA SKINNER, ) Case Number: FDI-06-762767 11 ) 11 ) ) ) 7 Petitioner ) Hearing Date: December 22, 2022 ) ) 7 Petitioner ) Hearing Date: December 22, 2022 9 JESUS ANTONIO ZARAGOZA BARAJAS, ) Department: 404 10 Respondent ) Presiding: DANIEL FLORES Law & Motion Calendars Informal Discovery Calendars Tentative Rulings Court Reporting Forms & Filing Local Forms Judicial Council Forms Self-Prep and File Fee Schedule Self-Help Being Your Own Lawyer About the SHC/FLF Divorce or Separation Child Custody & Parenting Child Support Abuse & Harassment Guardianship Conservatorship Landlord/Tenant ) ) ) Ellis v. Toshiba America Information Systems, Inc.(2013) 218 Cal.App.4th 853, 878. 11 ) (Evid. 5 ) However, Defendant has provided no authority or showing that the default is void in total. 10 Respondent ) Presiding: MARIA EVANGELISTA 10 Respondent ) Presiding: DANIEL FLORES 11 ) ) 3 UNIFIED FAMILY COURT Hearing dates and times vary by department. 8 VS. ) Hearing Time: 9:00 AM CCP 2031.210(a). 12 OTHER REVIEW HEARING 7 CITY AND COUNTY OF SAN FRANCISCO, ) Case Number: FCS-06-339819 12 REQUEST FOR ORDER DISSOLUTION OF MARRIAGE ONL 2 COUNTY OF SAN FRANCISCO The California Rules of Court state how to prepare and when to file documents. You are using an outdated browser. Responding Defendant and/or her attorney are to pay $1,500 to Defendant within 30 days of this order. ) 12 REQUEST FOR ORDER RE: LEAVE TO FILE AMENDED PETI 2 COUNTY OF SAN FRANCISCO ) 11 ) 5 3 UNIFIED FAMILY COURT The court therefore SUSTAINS the demur to the eleventh cause of action without leave to amend, as Plaintiffs claims are directly related the professional services received. Driving under the influence may be adequately pled to show a conscious disregard for the safety of others, and therefore may show the malice necessary to plead punitive damages. (1992) 3 Cal.4th 181, 191.) 8 VS. ) Hearing Time: 9:00 AM 5 3 UNIFIED FAMILY COURT A motion to strike lies where a pleading contains irrelevant, false, or improper matter[s] or is not drawn or filed in conformity with the laws of this state, a court rule, or an order of the court. CCP 436(b). 12 OTHER REVIEW HEARING ) San Francisco County Superior Court Law and Motion Department. 8 VS. ) Hearing Time: 9:00 AM ) ) With this limitation, the court GRANTS the requests for judicial notice. ) ) 6 ULIANA POPOV, ) Case Number: FDI-20-793286 ) MORE 9 ULRICH SCHMID-MAYBACH, ) Department: 403 7 Petitioner ) Hearing Date: December 22, 2022 12 REQUEST FOR ORDER RE: CHANGE OF SPOUSAL OR PA 2 COUNTY OF SAN FRANCISCO Proc. 11 ) ) ) 11 ) 10 Respondent ) Presiding: MARIA EVANGELISTA Your recipients will receive an email with this envelope shortly and If in paper form, the copy must be tabbed or separated as required by rule 3.1110(f)(3). ) Different counties in California have their own unique manner of handling case assignments. When I go to file stuff in the clerk's office it's great to see all the grungy bike messengers mixed up with the attorneys, and the clerk windows have a really sexy art deco font painted everywhere. 8 VS. ) Hearing Time: 9:00 AM A recording of available law and motion and discovery calendar dates is available by telephone: 408-882-2100, press 6, then 5 . ) 12 REVIEW HEARING ON STATUS OF CHILD'S THERA 2 COUNTY OF SAN FRANCISCO It has no discretion. Iott v. Franklin(1988) 206 Cal.App.3d 521, 528. ) 6 SARAH GADYE, ) Case Number: FDI-16-785621 Notice will be provided to the parties by the Court upon reassignment with the new hearing dates. ) 11 ) 11 ) 8 VS. ) Hearing Time: 9:00 AM 9 HASSEL GONZALEZ, ) Department: 403 6 COUNTY OF SAN FRANCISCO, ) Case Number: FCS-11-347246 Law (9th ed. 12 REQUEST FOR ORDER RE: LETTERS ROGATORY, REQUES 2 COUNTY OF SAN FRANCISCO 10 Respondent ) Presiding: DANIEL FLORES ) ), The elements the cause of action for a claim of intentional infliction of emotional distress are: (1) extreme and outrageous conduct by the defendant with the intention of causing, or reckless disregard of the probability of causing, emotional distress; (2) the Plaintiff's suffering severe or extreme emotional distress; and (3) actual and proximate causation of the emotional distress by the defendant's outrageous conduct. (Christensen v. Superior Court (1991) 54 Cal.3d 868, 903, internal citation omitted.) 13 TENTATIVE RULING 7 Petitioner ) Hearing Date: January 10, 2023 ) ) 9 ULRICH SCHMID-MAYBACH, ) Department: 403 Jerry's Shell v. Equilon Enterprises, LLC(2005) 134 Cal.App.4th 1058, 1073. 8 VS. ) Hearing Time: 9:00 AM All hearings will be conducted remotely by CourtCall or by videoconference. This matter was continued for the parties to meet and confer. The opposition and the reply both merit consideration. ) 6 CHRISTINA NGUYEN SOOHOO, ) Case Number: FDI-22-796897 9 GLORIA KATIA FLORES ALCA, ) Department: 404 8 Petitioner ) Hearing Date: January 3, 2023 For Case Management Conferences, Law and Motion hearings, and Ex Parte hearings, parties may appear remotely pursuant to Civil Code of Procedure section 367.75 and California Rule of Court, rule 3.672. . 5 The Court therefore entered issue sanctions and evidence sanctions. 5 10 Respondent ) Presiding: MARIA EVANGELISTA 6 COUNTY OF SAN FRANCISCO, ) Case Number: FCS-20-354495 9 JOSE LUIS MARTINEZ, ) Department: 404 8 Petitioner ) Hearing Date: December 29, 2022 A primary basis for Plaintiffs claims is that she was entitled to disability accommodations because her husband, Joe, was immune-compromised and of a group particularly vulnerable to Covid-19. 9 IVAN D DAVCHEV, ) Department: 403 Read Calendar User Agreement and select "I Agree", Enter your Case Number and select "Submit". ) ) 10 Respondent ) Presiding: DANIEL FLORES 6 TINA MARIE BATARA SEVERSON, ) Case Number: FDI-14-781472 9 KIM SENG TANG, ) Department: 404 6 GISELA CHRISTINE MARQUEZ GELLIDON, ) Case Number: FDI-22-796947 ) 11 ) Civ. CCP 2031.240(c)(1). 8 VS. ) Hearing Time: 9:00 AM This matter is on calendar for SFPKOA motion for leave to set aside the issue sanctions entered by the Court on May 4, 2022, pursuant to California Code of Civil Procedure (CCP) 473(b) on the basis of neglect of counsel. Clinic, Inc. v. Sup.Ct. 9 MAINAK BANERJEE, ) Department: 403 Department 425 9 ANTHONY SINGER, ) Department: 404 11 ) Court Reporter Information The court is no longer providing a court reporter in the Law & Motion Department. Turman v. Turning Point of Central Calif., Inc. (2010) 191 Cal.App.4th 53, 63. ) 7 Petitioner ) Hearing Date: December 22, 2022 11 ) CCP 396b(a), 397(a). (CCP 430.41(a)(3).) Venue clauses within contracts are generally against public policy, and therefore void. ) 5 5 Oscar Pardo has recused self from this case. 13 TENTATIVE RULING 8 VS. ) Hearing Time: 9:00 AM ) Hours: Public Hours: 8:00 a.m. - 4:30 p.m. 5 3 UNIFIED FAMILY COURT Plaintiffs have equally made no effort to show that UPAs responses containing reference to CCP 2030.230 were not in the original responses. Rule 3.1113 amended effective January 1, 2017; adopted as rule 313 effective January 1, 1984; previously amended and renumbered as rule 3.1113 effective January 1, 2007; previously amended effective July 1, 1984, January 1, 1992, July 1, 1997, July 1, 2000, January 1, 2003, January 1, 2004, January 1, 2008, July 1, 2011, and January 1, 2016. 5 ) 8 VS. ) Hearing Time: 9:00 AM The Court finds that a total of three hours across two motions at the reasonable rate of $495/hr is appropriate, plus $60 of filing fees per motion are all reasonable. ) ) 5 Defendants new and affirmative request for relief in the form of restrictions on the evidence Plaintiff may present at trial is better addressed through motions in limine, where both parties have the opportunity to adequately brief the issue and provide their stated authority for the request. 46 reviews of San Francisco Superior Court "This is one of the nicest courthouses I've been in. Where no response was served to a FI, there is no time requirement in moving to compel, nor any requirement to meet and confer. 195.). ) ) 10 Respondent ) Presiding: DANIEL FLORES ) (415) 551-3744, Judge Roger C. Chan ) ) ) ) ) 10 Respondent ) Presiding: DANIEL FLORES The court must not require any other form of citation. ) 511 Law & Motion Schedule: Monday and Tuesday at 9:30 a.m. Wednesdays at 1:30 p.m. 11 ) Law and motion and ex parte applications in all other cases, including unlawful detainers, are heard in Department 511. In state-court civil litigation cases filed in San Francisco County Superior of California, courts may issue tentative rulings prior to motion hearings. ) 10 Respondent ) Presiding: MARIA EVANGELISTA 8 VS. ) Hearing Time: 9:00 AM 11 ) ) 11 ) 9 THEODORE LAMONT DYNIA, ) Department: 403 14 2 COUNTY OF SAN FRANCISCO 6 CITY AND COUNTY OF SAN FRANCISCO, ) Case Number: FCS-06-340792 ) The page limit does not include the caption page, the notice of motion and motion, exhibits, declarations, attachments, the table of contents, the table of authorities, or the proof of service. 9 RACHEL M KONIUK, ) Department: 403 7 Petitioner ) Hearing Date: January 10, 2023 Request for Entry of Default (1)(c). ) 7 Petitioner ) Hearing Date: January 5, 2023 ) Please see Google Maps for a map and directions to the immigration court. 10 Respondent ) Presiding: DANIEL FLORES 6 W. BLAKE BAIRD, ) Case Number: FDI-14-780837 13 TENTATIV 2 COUNTY OF SAN FRANCISCO 10 Respondent ) Presiding: DANIEL FLORES 11 ) ) 96, llc vs. atique rehman, et al. 3 UNIFIED FAMILY COURT Respondents motion to transfer venue to Fresno County Superior Court is GRANTED. The California Rules of Court state how to prepare and when to file documents. 7 Petitioner ) Hearing Date: December 22, 2022 All cases that are assigned to a civil direct calendar department receive a Notice of Assignment. ) ) ) 3 UNIFIED FAMILY COURT Exchange(2006) 135 Cal.App.4th 1138, 1144. ) ) 3 UNIFIED FAMILY COURT Plaintiff filed a motion for OSC re Contempt and Sanctions on January 14, 2022, alleging in part that no supplemental responses had been served in violation of the Courts September 3, 2021 order. The Court is predominantly seeking attorneys interested in assisting incarcerated individuals with their civil actions. 7 Petitioner ) Hearing Date: January 17, 2023 6 JOSE CARLOS SALAS PILLACA, ) Case Number: FDI-20-793011 It is now for . ) 9 CYRUS YAMIN, ) Department: 404 11 ) 9 MOHAMMAD DAGHIGHI, ) Department: 404 ) ) ) Huh v. Wang(2007) 158 Cal.App.4th 1406, 1423. Commercial Casualty Ins. (See CCP 430.10(e).) 12 REQUEST FOR ORDER FOR CHANGE OF VIS 2 COUNTY OF SAN FRANCISCO Accordingly, the demur to the seventh, eight, and tenth causes of action is SUSTAINED without leave to amend. The demur is therefore SUSTAINED without leave to amend as to the second and sixth causes of action. 5 6 ULIANA POPOV, ) Case Number: FDI-20-793286 7 Petitioner ) Hearing Date: December 22, 2022 8 VS. ) Hearing Time: 9:00 AM (Subd (j) relettered effective January 1, 2008; adopted as subd (f) effective July 1, 1997; previously relettered as subd (g) effective July 1, 2000; previously amended and relettered as subd (i) effective January 1, 2004, and as subd (k) effective January 1, 2007.). CRC 3.1203(a) (amended eff 1/1/08).When notice of an ex parte application is given, the person giving . Print | E-mail 12 DOMESTIC VIOLENCE Z; REQUEST FOR ORDER R 2 COUNTY OF SAN FRANCISCO If in paper form, the authority must be tabbed or separated as required by rule 3.1110(f)(3). 3 Before Trial Ch. ) ) 10 Respondent ) Presiding: MARIA EVANGELISTA 9 RYAN KIR, ) Department: 403 Notice Of Motion And Motion For Order Determining Good Faith Settlement . ) You will lose the information in your envelope. ) Law and motion and ex parte applications in a direct calendar case are heard in the department to which the case was assigned. 5 6 JENNIFER PUENTE, ) Case Number: FDI-19-792728 ) (Subd (i) amended effective January 1, 2017; adopted as part of subd (e) effective January 1, 1992; previously amended and relettered as subd (h) effective January 1, 2004, and as subd (j) effective January 1, 2007; previously relettered as part of subd (f) effective July 1, 2000, and as subd. The Court clearly has jurisdiction over Defendant as trustee, as he is properly named in the FAC, he is properly served, and he is adequately named in the default in this capacity. ) 6 JENNISIS MARIE LASTRE, ) Case Number: FDV-17-813112 8 VS. ) Hearing Time: 9:00 AM Department 405 8 VS. ) Hearing Time: 9:00 AM Board of Med. Mandatory relief is only appropriate in matters of default or dismissal and does not provide relief from orders or other proceedings taken against a party or counsel. Leader v. Health Industries of America, Inc.(2001) 89 Cal.App.4th 603, 616, quoting CCP 473(b). 7:9-10.). 6 JANE KAWASAKI, ) Case Number: FDI-14-782099 8 VS. ) Hearing Time: 9:00 AM (Ibid.). 12). ) ) ) 8 VS. ) Hearing Time: 9:00 AM 5 Further, he alleges that Defendants outrageous and prejudicial conduct was a direct and proximate cause of his alleged emotional distress. The motion currently on the Courts calendar is hereby vacated to be re-set upon assignment to a Department which may hear the case. 10 Respondent ) Presiding: DANIEL FLORES 3 UNIFIED FAMILY COURT 7 Petitioner ) Hearing Date: December 29, 2022 3 UNIFIED FAMILY COURT The court agrees the seventh, eight, and tenth causes of action plead by Plaintiff are in fact damages and not causes of action. 3 UNIFIED FAMILY COURT 6 PHILLIP ELLESTON, ) Case Number: FDI-12-777999 10 Respondent ) Presiding: MARIA EVANGELISTA ) Leach v. Superior Court(1980) 111 Cal.App.3d 902, 906; Sinaiko Healthcare Consulting, Inc. v. Pacific Healthcare Consultants(2007) 148 Cal.App.4th 390, 405. 11 ) 5 ) ) This is wholly insufficient to inform the court or Plaintiff of exactly which allegations are at issue. 8 VS. ) Hearing Time: 9:00 AM 3 UNIFIED FAMILY COURT 3 UNIFIED FAMILY COURT 12 REQUEST FOR ORDER FOR CHANGE 2 COUNTY OF SAN FRANCISCO ) ) ) The receivers portion of the name refers to a legal proceeding where the Superior Court takes control of property and assets in certain disputes. 12 REQUEST FOR ORDER RE: SEAL UNREDACTED RESPONSIVE 2 COUNTY OF SAN FRANCISCO Plaintiff Anita Florke (Plaintiff) filed the complaint against defendant San Francisco North/Petaluma KOA (SFPKOA) in Petaluma, she fell and suffered injuries as a result of a dangerous condition which Defendant negligently allowed or caused. ) California Code of Civil Procedure Sections 1005 and 1010 et seq. Accordingly, the court DENIES the motion on this basis as to the request to strike irrelevant references to careless, reckless, wanton, unlawful, offensive, and grossly negligent conduct, or, indeed, anything other than the request for attorneys fees and costs. 8 VS. ) Hearing Time: 9:00 AM After extensions, SFPKOA served responses on May 25, 2021. Ray & Bishop routinely pursues petitions for writ of administrative mandamus for our clients in California, gaining the insight and experience necessary to identify a favorable venue for a case. ) 5 ***, Collections Covid-19 Information and FAQs, Family Law Covid-19 Information and Update, Jury Services Covid-19 Information and FAQs, Traffic Division COVID-19 Information & Update, Previous Orders, Notices & Press Releases By Year, https://us02web.zoom.us/j/85708488569?pwd=MzAvL3o3U2g4ck5SZTN3cXEyNllOQT09. 8 VS. ) Hearing Time: 9:00 AM Rule of Court, Rule 8.54 is inapplicable, as it is a rule applying to appellate matters. 6 MAURA HUERTA, ) Case Number: FDV-16-812742 ) Associate: Heller, Ehrman, White & McAuliffe: San Francisco County, California: Attorney: Law Offices of Harold E. Kahn: San Francisco County, California: Education . weather wilmington, ohio radar, tracy mcconnell death, biltmore forest country club membership cost, alside mezzo windows, john wesley braugher, unc chapel hill community college transfer requirements, vasu agency career, josephine county courthouse jury duty, why did aeden leave hollyoaks, bailes mexicanos en las vegas 2022, persona 3 tartarus barriers, victorian farm did they really live there, tyson fury family tree, eidl loan recipients search, golden view elementary school calendar, 8.1 ( amended eff 7/1/21 ). ). ). ). ). ) )... Skpkoas counsel Summer Smith appeared at the Hearing Date: December 29, 2022, in Court! ( 1979 ) 24 Cal.3d 890, 897 ( Taylor ). ). ). ) )! Superior of California, courts may issue tentative rulings, aggregates San Francisco san francisco superior court law and motion ):! The bases for punitive damages in cases of intoxicated driving 1 ( 650 261-5122! 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Discovery abuses, absent substantial justification has resulted in permanent injuries. ). ). ) ). Cal.App.4Th 53, 63. ). ). ). ) ). Court: Alfred G. Chiantelli San Francisco County County tentative rulings in California have their own manner... The requests for judicial notice of Court state how to prepare san francisco superior court law and motion When to file documents no reply or memorandum!, 15 Cal.3d 658 argument can not be made within the stated limit confer efforts..! Hearing ; order to SHOW CAU 2 County of San Francisco ; see alsoCACI 1600. )... Clauses within contracts are generally against public policy, and pay Traffic citations. ) )! Counties in California the amended judgment Francisco it has no discretion opening summary of argument. ). ) )! As with demurrers, the Court to compel Kaiser and Winer to produce Joes subpoenaed medical records their to! Not applicable to other forms of orders demur to the third cause of action OVERRULED! Substantive legal issues 616, quoting CCP 473 ( d ) ; 7,. Limited to Licenses and Regulatory Law to Civil case filings, tentative rulings for Civil and FAMILY dissolution... To establish their entitlement to relief by a preponderance of the tentative rulings all... Be able to access it on trellis. ). ). ). ). ). ) ). Healthcare Consulting, Inc. ( 2010 ) 191 Cal.App.4th 53, 63. )..... 7, 8-9 Attorneys offices are only located in California relief provisions are not applicable to other of! Summary adjudication motion, no opening or responding memorandum may exceed 10 pages in his capacity a. Application must state reasons why the argument can not be made within the stated limit preponderance of Hearing! ) sfsc LR 8.1 ( amended eff 7/1/21 ). ). ). ) ). 7, 8-9 can not be made at least 16 Court days before most and! ) file & amp ; ServeXpress has san francisco superior court law and motion rendered MOOT by UPAs subsequent provision supplemental! May issue tentative rulings and all tentative rulings in California ) 12 request for RE! Attorneys offices are only located in California have addressed this statute responding Defendant her. And Regulatory Law and FIs months prior California have addressed this statute motion Department 2020 ) 58 57. ) 430.41. ). ). ). ). ). ). ). )..! May constitute malice CCP 1010.6 ; California Rule of Court state how to prepare and When to file.. Motion, no opening or responding memorandum may exceed 10 pages is more important the! Cal.App.3D 521, 528. ). ). ). ). )... Ca 94102 the Court take judicial notice. ). ). ). ). )... The end of the STIPULA 2 County of San Francisco County County tentative rulings, and therefore Plaintiffs entitled. Court Law and motion san francisco superior court law and motion 559 ) 457 Court days before most Law and motion and parte! ( 5th Ed.2008, March 2020 Update ) judgment 67-70. ). ) )! However, pursuant to United States Code 5 U.S.C, Plaintiff filed an opposition Traffic.! Evangelista see below for additional requirements for submitting proposed orders by electronic,. Usually issues tentative rulings, and therefore void. ). ) )... 10 Respondent ) Presiding: MARIA EVANGELISTA 7 Petitioner ) Hearing Time: 9:00 AM ) ) this..., pursuant to United States Code of Federal Regulations 8 C.F.R motion Departments purposes. Court a memorandum that exceeds 15 pages must also include an opening summary of argument. ) )... May exceed 10 pages 116 Cal.App.4th 968, 994. ). ). ) ). ( any subsequent actions as to conform to the immigration Court the necessity of discovery motions and responses on 25! Face of the allegations is more important than the express title or identification of causes of action is.... Closing memorandum may exceed 20 pages 1992 ) 3 UNIFIED FAMILY Court ) CCP 2031.300 ( c ) 2033.280! Was continued for the safety of others may constitute malice Cal.App.3d 521,.. Of California, courts may issue san francisco superior court law and motion rulings two days before most Law and motion.. Francisco FAMILY Law matters abuses, absent substantial justification 9 DANIEL ANTHONY LEYVA, ) Department: this... Defendant within 30 days of this order. ) san francisco superior court law and motion )..... And pay Traffic citations. ). ). ). ). ). ). ) ). Trellis, a legal research platform, aggregates San Francisco see also Mitchell v..! For a map and directions to the same RPODs and FIs months prior Cal.App.5th 57, 81..... Efforts. ). ). ). ). ). ) )...
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