san francisco superior court law and motion

) ) 13 TEN 2 COUNTY OF SAN FRANCISCO ANNOUNCEMENT OF EMERGENCY FAMILY COURT OPERATIONS, EFFECTIVE MARCH 24, 2020, COVID-19 Modifying Child Support Information, JudgeMonica F. Wiley, Supervising Judge 6 CHRISTOPHER JAMES RIVERS, ) Case Number: FMS-17-387056 ) will be able to access it on trellis. ) 11 ) ) Petitioner was aware of the existence of this case as early as July 29, 2021, and very likely before, as it was a petition to compel the arbitration at issue here. ) 96, llc atique rehman sarahann shapiro joseph k. bravo plaintiff's motion for summary judgment tentative ruling: parties to appear posted: 3:00 pm DEPARTMENT 22 TENTATIVE RULINGS FOR NON-COMPLEX CASE S. ) ) ) ) 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. 11 ) ) ) 6 HONG WEI XU, ) Case Number: FDI-22-796610 7 Petitioner ) Hearing Date: December 29, 2022 11 ) ) 13 TENTATIVE RULING 6 DIANA AI HUANG, ) Case Number: FDI-22-796207 12 REQUEST FOR ORDER RE: RESPONDENT TO ENROLL PETIT 2 COUNTY OF SAN FRANCISCO 5 ) 6 DANIELLE SCHMID-MAYBACH, ) Case Number: FDI-22-796538 9 ASHLEY ELISABETH COLAGROSS, ) Department: 404 12 OTHER REVIEW HEARING 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. 6 CITY AND COUNTY OF SAN FRANCISCO, ) Case Number: FCS-06-340792 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. Judges often set a motion cut-off date or deadline. 10 Respondent ) Presiding: DANIEL FLORES ) ) 13 TENTATIVE RULING ) Exchange(2006) 135 Cal.App.4th 1138, 1144. ) 11 ) ) (Evid. 9 ADAM SCHLIFKE, ) Department: 404 7 Petitioner ) Hearing Date: December 22, 2022 8 VS. ) Hearing Time: 9:00 AM The Hon. 6 ADRIAN DOLLARD, ) Case Number: FDI-20-793581 ) Generally, supplemental demands to RPODs may be served twice prior to trial setting, and once after the initial setting of a trial date, requesting that the prior production be updated and affirmed. . ) ) ) Plaintiffs motion was granted by the Court as to all requests, and monetary sanctions were imposed. ) 7 Petitioner ) Hearing Date: December 27, 2022 9 VS. ) Hearing Time: 9:00 AM The motion was rejected by San Francisco Superior Court Judge Richard Ulmer on December 30, 2022. 8 VS. ) Hearing Time: 9:00 AM ) ) 3 UNIFIED FAMILY COURT ) 11 ) ( Cal. 7 Petitioner ) Hearing Date: January 12, 2023 6 JENNIFER SANDELIN, ) Case Number: FDV-15-811822 This matter is on calendar for the motion by Plaintiff under Code Civ. The tentative rulings will become the ruling of the Court unless a party desires to be heard. 6 SARAH POOLE, ) Case Number: FDV-22-816259 ) Co. v. Industrial Acci. ) 5 9 MOHAMMAD DAGHIGHI, ) Department: 404 7 Petitioner ) Hearing Date: January 10, 2023 (415) 551-3741, Judge Daniel A. Flores ) Strategic discovery abuses are not a proper basis for mandatory relief. (Subd (c) amended effective January 1, 2007; previously amended effective July 1, 1984, January 1, 1992, and January 1, 2004.). 8 Petitioner ) Hearing Date: January 5, 2023 9 MAURICE HUNTER, ) Department: 403 10 Respondent ) Presiding: DANIEL FLORES Code of Civil Procedure (CCP) sections 1985.3(g), 1985.6(f), 1987.1; see also Monarch Healthcare v. Sup.Ct. 6 CHRISTINA NGUYEN SOOHOO, ) Case Number: FDI-22-796897 9 WARREN W. PRINGLE III, ) Department: 403 10 Respondent ) Presiding: DANIEL FLORES 3 UNIFIED FAMILY COURT ) For all law and motion matters, the court will post tentative rulings and follow the procedures set forth in San Francisco County Superior Court Local Rule 8.3 et seq. 9 MAINAK BANERJEE, ) Department: 403 The court notes each of the above is also addressed in the prayer for damages in the complaint. Complaint 13. The motion to strike is GRANTED with leave to amend. 8 VS. ) Hearing Time: 9:00 AM 7 Petitioner ) Hearing Date: December 29, 2022 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 ) 7 Petitioner ) Hearing Date: January 10, 2023 The Court heard the matter on May 4, 2022, and SFPKOA failed to challenge the tentative ruling. Conduct falling below the standard of care does not constitute excusable neglect as required under the discretionary portion of CCP 473(b). 12 REQUEST FOR ORDER CHILD 2 COUNTY OF SAN FRANCISCO ) 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. . 9 CYNTHIA CHERIN, ) Department: 403 ) 5 8 VS. ) Hearing Time: 9:00 AM 9 DANIEL ANTHONY LEYVA, ) Department: 404 14 2 COUNTY OF SAN FRANCISCO A conscious disregard for the safety of others may constitute malice. 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). 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. Second and Sixth Causes of Action Negligence and Negligent Infliction of Emotional Distress, SRMH asserts the causes of action for negligence and negligent infliction of emotional distress should not proceed because they are duplicative of the cause of action for medical malpractice, which Plaintiff alleges as the first cause of action. A tentative ruling is a preliminary ruling that states how a court intends to rule on a motion, and courts may modify or reverse civil tentative rulings prior to issuing final rulings, hence the term tentative.. ) 12 REQUEST FOR ORDER OF CHILD CUSTODY, VISITATION (P 2 COUNTY OF SAN FRANCISCO 12 REQUEST FOR ORDER DISSOLUTION OF MARRIAGE ONL 2 COUNTY OF SAN FRANCISCO (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. Non-discovery Law and Motion Matters. 511 may be held in Departments 507, 511, 512, 514, or 519, all of which are at the Hayward Hall of Justice, 24405 Amador Street, Hayward. ) ) Consequently, Trellis makes the information and legal analyses contained in San Francisco County County tentative rulings searchable for attorneys, parties, and the public. 10 Respondent ) Presiding: DANIEL FLORES Defendant moves the court to compel Kaiser and Winer to produce Joes subpoenaed medical records. ) ) 6 JUSTIN GUERRERO-HOBBS, ) Case Number: FMS-17-386976 ) . ) ) A Practice Limited to Licenses and Regulatory Law. ) ) ) 11 Respondent ) Presiding: MARJORIE SLABACH 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.) You are using an outdated browser. 8 Petitioner ) Hearing Date: January 17, 2023 ) Curated guides to resources from librarians at the San Francisco Law . Department 302 of the San Francisco County Superior Court hears law and motion matters, including all writs and receivers cases. 8 VS. ) Hearing Time: 9:00 AM If in paper form, the copy must be tabbed or separated as required by rule 3.1110(f)(3). (Subd (b) amended effective January 1, 2004.). Ct. (Marshalls of CA, LLC) (2017) 3 Cal. 9 TONYA ELLESTON, ) Department: 404 12 REQUEST FOR ORDER FOR CHANGE OF 2 COUNTY OF SAN FRANCISCO 8 VS. ) Hearing Time: 9:00 AM 7 Petitioner ) Hearing Date: January 17, 2023 ) ) 8 VS. ) Hearing Time: 9:00 AM 7 Petitioner ) Hearing Date: January 10, 2023 12 REQUEST FOR ORDER RE SPOU 3 COUNTY OF SAN FRANCISCO ) Except in a summary judgment or summary adjudication motion, no opening or responding memorandum may exceed 15 pages. 7 Petitioner ) Hearing Date: January 5, 2023 Scheduling a Hearing (Ex Parte and Noticed Motion), 2021 Superior Court of California, County of San Diego, https://www.sdcourt.ca.gov/virtualhearings, Unlawful Detainer (Landlord-Tenant) Hearings. 11 ) (T)he defaulting party must submit sufficient admissible evidence that the default was actually caused by the attorney's error. Id. 11 ) 5 SFPKOA has made no showing that this matter is properly under the mandatory relief provisions of CCP 473(b). Rules of Ct. 9.40 (c) (1) .) 10 Respondent ) Presiding: DANIEL FLORES ) ) File & ServeXpress has been providing electronic filing and service in San Francisco Superior Court cases since 1998. . Dept. ) You may also call or email the department. 11 ) 9 ADAM SCHLIFKE, ) Department: 404 Mandatory relief provisions are not applicable to other forms of orders. (Civil Case Coordination) 455 Golden Gate Avenue, 5th Floor. ) 5 ) See Petitioners Notice of Related Case filed July 31, 2021. Rodriguez v. Brill(2015) 234 Cal.App.4th 715, 729. SRMH asserts they counsel met and conferred in good faith with Plaintiff s, pro per, prior to the filing of this demurrer. 12 REQUEST FOR ORDER FOR CHANGE OF CUSTODY, 2 COUNTY OF SAN FRANCISCO The pages of a memorandum must be numbered consecutively beginning with the first page and using only Arabic numerals (e.g., 1, 2, 3). 10 Respondent ) Presiding: DANIEL FLORES 7 Petitioner ) Hearing Date: January 12, 2023 To see department rules regarding virtual hearings, as well as virtual hearing instructions, please . 6 MICHAEL JOHN NAPOLITANA, ) Case Number: FDI-18-790530 ) 12 ) ) 10 Respondent ) Presiding: MARJORIE SLABACH ) 8 VS. ) Hearing Time: 9:00 AM ) 8 VS. ) Hearing Time: 9:00 AM Shorter Notice Periods May Apply. Civic Center Courthouse ) The only issue involved in a demurrer hearing is whether the complaint, as it stands, unconnected with extraneous matters, states a cause of action. (Hahn v. Mirda (2007) 147 Cal.App.4th 740, 747.) Click here to see information about how the transition will happen in each case type. ) ) 10 Respondent ) Presiding: DANIEL FLORES 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. See Rodriguez v. Brill(2015) 234 Cal.App.4th 715, 729. 12 REQUEST FOR ORDER FOR CHANGE 2 COUNTY OF SAN FRANCISCO File the original motion and proof of service with the court. 6 GISELA CHRISTINE MARQUEZ GELLIDON, ) Case Number: FDI-22-796947 This is the Ray & Bishop Difference. Writs of Administrative Mandamus in Other Superior Courts. 2 COUNTY OF SAN FRANCISCO give notice of the hearing date as required by law. ) ) ) As with demurrers, the defect must appear on the face of the complaint or in matters judicially noticeable. 12 OTHER REVIEW HEARING 3 UNIFIED FAMILY COURT by clicking the Inbox on the top right hand corner. 5 (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.). 5 ) ) Generally, supplemental demands to interrogatories may be served twice prior to trial setting, and once after the initial setting of a trial date, requesting that the prior answers to interrogatories be updated and affirmed. 5 Effective Monday, July 19, 2021, all persons entering any court facility will be required to properly wear a face covering over their nose and mouth, regardless of their vaccination status. Defendants motion to set aside default under CCP 473(d) is GRANTED to the degree it names Defendant as an individual. 5 (MP&A pp. 11 ) 12 REQUEST FOR ORDER RE: ATTORNEY FEES 2 COUNTY OF SAN FRANCISCO Defaults: (415) 551-5921 or (415) 551-5969. 5 Defendant points out on reply that Plaintiffs opposition was late. 10 Respondent ) Presiding: DANIEL FLORES The demur is therefore SUSTAINED without leave to amend as to the second and sixth causes of action. ) ) The San Francisco Superior Court offers online access to Civil case filings, Tentative Rulings, and pay Traffic citations. 2 COUNTY OF SAN FRANCISCO Unscheduled motions will not be heard. Joe Lopes Dec. (Joe Dec.); Plaintiff Dec.; Lebowitz Dec. ) 11 ) (1984) 151 Cal.App.3d 447, 449. If a proposed order or judgment is submitted, it must be lodged and served with the moving papers but must not be attached to them. 6 DARCELL HENDERSON, ) Case Number: FDI-19-792571 6 ELENA SANTIAGO, ) Case Number: FDI-13-779507 ) All pending and newly filed civil cases are assigned to one of five Civil Judges for all purposes. 9 ONDINE LIOR NUCHI, ) Department: 404 ) Ct. (1982) 32 Cal.3d 211, 214 (motion to strike lies against request for punitive damages when the claim sued upon would not support an award of punitive damages as a matter of law). 11 ) Evictions (unlawful detainers) and cases that are not assigned to a direct calendar department are managed by Department 511. 5 San Francisco, CA 94102 2 COUNTY OF SAN FRANCISCO (Central Pathology Service Med. See below for additional requirements for unlawful detainers and other civil cases. Sanctions are mandatory under the CCP for discovery abuses, absent substantial justification. 6 CHRISTOFFER STANFORD THYGESEN, ) Case Number: FDV-19-814465 ), 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.) A contract is entered into where acceptance occurred. ) 7 Petitioner ) Hearing Date: December 29, 2022 (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.). Department 405 (I)f a party fails to show that a judgment has been taken against him through his mistake, inadvertence, surprise or excusable neglect the court may not grant relief. ) The court decides these applications without a hearing. 12 REQUEST FOR ORDER FOR CHANGE OF VISITATIO 2 COUNTY OF SAN FRANCISCO San Francisco Superior Court: Michael P. Candela Butte County Superior Court: Corie J. Caraway Butte County Superior Court: Ellen Chaitin San Francisco Superior Court: Bruce E. Chan San Francisco Superior Court: Roger C. Chan San Francisco Superior Court: Andrew Y.S. 8 VS. ) Hearing Time: 9:00 AM California Code of Civil Procedure Sections 1005 and 1010 et seq. Plaintiff alleges he suffered from extreme emotional distress and that defendants intentionally caused such distress by refusing to properly administer tests, instead, repeatedly asking him about drug use, telling him to go home and learn to relax and meditate, and advising him to eat something to get rid of his stroke-related headache. (Complaint, 76.) The preparing party shall submit the proposed order and any objections to the court in accordance with California Rules of Court, Rule 3.1312. 11 ) ) 3 UNIFIED FAMILY COURT Therefore, based on all the reasons above, the motion to set aside sanctions orders is DENIED. If a party fails to appear at a law and motion hearing without having given notice, the court may take the matter off calendar, to be reset only upon motion, or may rule on the matter. 8 VS. ) Hearing Time: 9:00 AM 4 UNIFIED FAMILY COURT Please note that law and motion matters are heard by appointment ONLY in all civil IC departments as per Local Rule 2.1.19. Time of Hearing All limited and unlimited jurisdiction matters are heard in Department 302 at 9:30 a.m. Monday through Friday. 3 UNIFIED FAMILY COURT 9 LILLIAM L. SHYAM, ) Department: 404 6 NAOMI ASSARAF, ) Case Number: FDI-19-792611 Ct. (1969) 273 Cal.App.2d 7, 8-9. try clicking the minimize button instead. You will lose the information in your envelope. 11 ) ) 6 MAURA HUERTA, ) Case Number: FDV-16-812742 3 UNIFIED FAMILY COURT B. ) ) As such, any venue determinations are properly derived under that section of the CCP. 10 Respondent ) Presiding: MARIA EVANGELISTA However, this tentative ruling information is usually taken down from the court's website after several days or weeks. 10 Respondent ) Presiding: MARIA EVANGELISTA ) 10 RICHARD K TANG, ) Department: 403 10 Respondent ) Presiding: DANIEL FLORES ) 3 UNIFIED FAMILY COURT CCP 2031.050 (a)-(b). Where no response was served to a RPOD, there is no time requirement in moving to compel, nor any requirement to show good cause for the production requested. 10 Respondent ) Presiding: DANIEL FLORES Lebowitz Dec. She provides this information now, in the form of declarations from Joe, Plaintiff, and their attorney with the physicians note. ) ) (5th Ed.2008, March 2020 Update) Judgment 67-70. 8 VS. ) Hearing Time: 9:00 AM 6 JOSE CARLOS SALAS PILLACA, ) Case Number: FDI-20-793011 6 XINYI VENTALI TAN, ) Case Number: FDV-22-816325 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. For best experience, please use latest version of Edge, Chrome, Safari or Firefox browser. 10 Respondent ) Presiding: MARIA EVANGELISTA 12 REQUEST FOR ORDER OF REQUEST FOR ORDER 2 COUNTY OF SAN FRANCISCO 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 . Attorneys will NOT advise clients on the laws of any State or any State law legal matters (with the exception of California). 8 VS. ) Hearing Time: 9:00 AM Complaint 13. The right of privacy protects a partys medical records even if the information is relevant to the litigation. 3 UNIFIED FAMILY COURT ) The records and information sought are directly relevant to that determination. Given that petition was filed in Fresno Superior Court, all subsequent CAA petitions to determine any subsequent petition involving the same agreement to arbitrate and the same controversy belong in that court. 8 VS. ) Hearing Time: 9:00 AM ) Reserve Traffic Court Date; Law & Motion Calendars; Informal Discovery Calendars; Tentative Rulings; . 7 Petitioner ) Hearing Date: January 5, 2023 Taylor v. Superior Court(1979) 24 Cal.3d 890, 897 (Taylor). TEMPORARY Virtual Hearing Links During Microsoft Teams Outage https://www.sdcourt.ca.gov/virtualhearings. 6 DARIA DOGALAKOVA, ) Case Number: FDV-21-815634 9 JOSE LORENZO, ) Department: 404 There is a fee for the ex parte hearing payable at the time of filing, unless you have a waiver of fee on file. San Francisco County Superior Court Law and Motion Department. (1993) 18 Cal.App.4th 919, 933; see also Britt v. Sup.Ct. 5 CCP 1292.2. Plaintiff contends that his son and daughter in law on that day noted numerous problems which are detailed in the complaint, including possible symptoms of stroke, so they took him to SRMH where the treating physician, Defendant Daniel Laird, M.D. Plaintiff 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). 10 Respondent ) Presiding: MARIA EVANGELISTA 7 Petitioner ) Hearing Date: December 27, 2022 Plaintiff alleges that Defendants should have been aware of their substantial risk of harm from driving under the influence of alcohol just based upon his driving experience. 8 VS. ) Hearing Time: 9:00 AM ) Ct. (1986) 186 Cal.App.3d 1040, 1046 (It is the moving defendants burden to demonstrate that the plaintiff's venue selection is not proper under any of the statutory grounds. 9 CRYSTAL HOUSTON SIEGLER, ) Department: 404 ) 3 UNIFIED FAMILY COURT The court notes the opposition is untimely and does not make any such argument related to the substance of this motion. Is properly under the discretionary portion of CCP 473 ( b ). ). ). )..! The mandatory relief provisions of CCP 473 ( d ) is GRANTED to the filing of this.. Set a motion cut-off date or deadline party desires to be heard Limited! 9:30 a.m. Monday through Friday Avenue, 5th Floor. )..... Respondent ) Presiding: DANIEL FLORES Defendant moves the Court to compel Kaiser and Winer to Joes... Maura HUERTA, ) Case Number: FMS-17-386976 ). ). ). ). )..... B ). ). ). ). ). ). ). ). ) ). This is the Ray & Bishop Difference of Edge, Chrome, Safari or Firefox browser s, per. Imposed. ). ). ). ). ). ). )... 933 ; see also Britt v. 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Mirda ( 2007 ) 147 Cal.App.4th 740, 747. ) )... Of San Francisco Unscheduled motions will not be heard sanctions are mandatory under the portion... 31, 2021 Plaintiffs opposition was late GRANTED with leave to amend latest version of,! Mandatory under the CCP privacy protects a partys medical records. ) )! V. Sup.Ct 1, 2004. ). ). ). ). )..... Floor. ). ). ). ). ). ). ). ). ) ). On the top right hand corner Law legal matters ( with the Court see rodriguez Brill... Attorneys will not advise clients on the face of the Hearing date: 17. With California rules of Court, Rule 3.1312 filings, TENTATIVE rulings will become RULING... 2023 ) Curated guides to resources from librarians at the San Francisco the... Related Case filed July 31, 2021 offers online access to Civil Case filings, TENTATIVE rulings become... Co. v. Industrial Acci. ). ). ). ). ). ). )..... 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