san francisco superior court law and motion

) 8 VS. ) Hearing Time: 9:00 AM 3 UNIFIED FAMILY COURT As such, any venue determinations are properly derived under that section of the CCP. 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. 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. Untimely responses to discovery requests waive all objections. 3 UNIFIED FAMILY COURT Except in a summary judgment or summary adjudication motion, no opening or responding memorandum may exceed 15 pages. 9 WEN MIN JIANG, ) Department: 403 11 ) 10 Respondent ) Presiding: MARIA EVANGELISTA 11 ) 10 Respondent ) Presiding: MARIA EVANGELISTA 9 ANDREW WIECKS, ) Department: 404 (SeePanos v. Great Western Packing Co. (1943) 21 Cal.2d 636, 638.) ) ) The burden requires the moving party to negate all of the possible bases for venue. ) Opposing counsel shall inform the preparing counsel of objections as to form, if any, or whether the form of order is approved, within five days of receipt of the proposed order. 10 Respondent ) Presiding: DANIEL FLORES 10 Respondent ) Presiding: MARIA EVANGELISTA Research guides on legal topics. 5 8 VS. ) Hearing Time: 9:00 AM ) 500, Attorneys may practice Federal Administrative Law and represent an individual located outside of California within the parameters of Federal Administrative Law. ) 9 LATOJONE JONES, ) Department: 403 If in electronic form, the authority must be electronically bookmarked as required by rule 3.1110(f)(4). See Camilleri Declaration(s), 10. The court should consider 1) the purpose of the information sought; 2) the effect that disclosure will have on the parties and the trial; 3) the nature of the objections to disclosure; 4) whether the court may make an alternative order granting partial disclosure, disclosure in another form, or disclosure only if the party seeking the information undertakes certain appropriate burdens. ) 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. She alleges that she had sought the accommodations allowing her to work full time from home in 2020 due to threat of Covid-19 on the bases that she must minimize public exposure since her husband, Joe Lopes (Joe) is immune-compromised and her own undisclosed condition for which she had received treatment from a therapist. In her complaint, Plaintiff provides no further details of the alleged disability or conditions. Local Rule 8 governs the procedures for petitions for writ of administrative mandamus. A demurrer tests the pleadings alone and not the evidence or other extrinsic matters. ) ) You must serve the other party or their lawyer with a copy of your motion. Adding your team is easy in the "Manage Company Users" tab. ) 8 VS. ) Hearing Time: 9:00 AM ) ) The San Francisco Superior Court offers online access to Civil case filings, Tentative Rulings, and pay Traffic citations. 6 JUSTIN GUERRERO-HOBBS, ) Case Number: FMS-17-386976 If only part of an item or category demanded is objectionable, the response must contain an agreement to comply with the remainder, or a representation of the inability to comply. ) 5 8 VS. ) Hearing Time: 9:00 AM (415) 551-3962, Court Supervisor - Courtroom Clerks Finally, SRMH, only actually addresses the claim for punitive damages in its memorandum of points and authorities and presents no argument or discussion whatsoever regarding the portions of the complaint which it actually requests the court to strike, i.e., the prayer for attorney fees and cost of suit as well as irrelevant references to careless, reckless, wanton, unlawful, offensive, and grossly negligent conduct. At no point does SRMH discuss attorneys fees or costs, or the list of irrelevant allegations, or explain why the court should strike these. While Plaintiff alleges outrageous and prejudicial conduct, he fails to allege extreme conduct by SRMH, which is an essential element of the cause of action. An ex parte hearing is urgent and is requested by one party with short notice to the opposing party. ) 9 GEORGE FAVVAS, ) Department: 403 ) 5 ) 5 The motion was rejected by San Francisco Superior Court Judge Richard Ulmer on December 30, 2022. 5 ) This matter arises under the CAA (CCP 1280, et seq.). 11 ) Civic Center Courthouse ) 10 Respondent ) Presiding: MARIA EVANGELISTA 8 VS. ) Hearing Time: 9:00 AM ) In reviewing all of the bases for transferring the matter to Fresno County, one appears dispositive. 6 ADRIAN DOLLARD, ) Case Number: FDI-20-793581 Valley Bank of Nevada v. Sup.Ct. Sacramento County Superior Court Prerogative Writ Departments. 5 3 UNIFIED FAMILY COURT Most of the petitions for writs of administrative mandamus filed against State of California licensing agencies are heard in Sacramento County Superior Court. 11 ) Conduct falling below the standard of care does not constitute excusable neglect as required under the discretionary portion of CCP 473(b). However, in the context of supplemental responses, Plaintiffs have made no showing that this properly applies. 7 Petitioner ) Hearing Date: January 12, 2023 12 REQUEST FOR ORDER RE SPOU 3 COUNTY OF SAN FRANCISCO 7 Petitioner ) Hearing Date: December 27, 2022 11 ) Defendants motion to set aside default under CCP 473(d) is GRANTED to the degree it names Defendant as an individual. (Subd (b) amended effective January 1, 2004.). His life and legacy. This is highly valuable data that reveals how judges think on substantive legal issues. 8 VS. ) Hearing Time: 9:00 AM Medical information regarding Joes condition and Plaintiffs need for accommodation to account for it is clearly relevant, even directly relevant, to this litigation. 6 COUNTY OF SAN FRANCISCO, ) Case Number: FCS-12-347379 8 VS. ) Hearing Time: 9:00 AM A noticed motion is when the opposing party was given advance notice of the hearing. ) 6 KITTY TRAWINSKI, ) Case Number: FDI-11-775537 Rule of Court, Rule 8.54 is inapplicable, as it is a rule applying to appellate matters. Petitions to compromise the claim of a minor or incompetent person are assigned to Judge Alyson L. Lewis in Department 34. Additionally, the Court is not convinced that SFPKOAs initial discovery abuses were not simply the result of the tactics of counsel; particularly in light of the Courts September 3, 2021 minutes. 13 TE 2 COUNTY OF SAN FRANCISCO ) ) 3 UNIFIED FAMILY COURT 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 ) 10 Respondent ) Presiding: MARIA EVANGELISTA 11 ) 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. 10 Respondent ) Presiding: DANIEL FLORES 11 ) ) 9 JUAN J CRUZ, ) Department: 403 ) ) ) ) 3 UNIFIED FAMILY COURT 7 Petitioner ) Hearing Date: January 10, 2023 See below for additional requirements for unlawful detainers and other civil cases. 12 REQUEST FOR ORDER: ATTY FEES/COSTS, ADVANCE 2 COUNTY OF SAN FRANCISCO ) 8 VS. ) Hearing Time: 9:00 AM See Petitioners Notice of Related Case filed July 31, 2021. ) Accordingly, as a matter of law Plaintiff may not recover under both a cause of action for medical malpractice and negligence. However, the assertion that Doctor Laird is an independent contractor is not a fact that is apparent based on the face of the pleading or that has been judicial noticed by this court. ) 7 Petitioner ) Hearing Date: January 17, 2023 The Superior Court of California, County of Fresno is currently seeking applications from individuals interested in accepting appointments to represent parties pro bono in their civil proceedings. ) The motion is GRANTED with leave to amend. 7 Petitioner ) Hearing Date: January 5, 2023 ) 5 11 ) ) Further these actions are already pled in the prayer for relief. (MP&A p. 5 10 Respondent ) Presiding: MARIA EVANGELISTA 10 Respondent ) Presiding: MARIA EVANGELISTA 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. 12 OTHER REVIEW HEARING ) 5 6 Effective December 4, 2020, reservations for most Civil Independent Calendar Department motions may be made using the Courts Reserve a Motion Date application which can be accessed by clicking here or the link on the Courts homepage under Online Services.To schedule a hearing, call the numbers listed below. Here, the facts plead under this cause of action may also support Plaintiffs prior plead cause of action for medical malpractice. SRMH does nothing more than state that it wants the court to strike out the irrelevant allegations of careless, reckless, wanton, unlawful, offensive, and grossly negligent conduct. This is vague, generalized, and subjective, and could arguably involve anything from merely a few words here and there to most of the complaint depending on what SRMH means. 7 Petitioner ) Hearing Date: January 12, 2023 13 TENTATIVE RULING ) Code 3294. (Subd (a) amended effective January 1, 2007; previously amended effective January 1, 2004.). The information on this website is for general information purposes only. ) 11 ) ) ) Dept. 3 UNIFIED FAMILY COURT ) 5 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 CITY AND COUNTY OF SAN FRANCISCO, ) Case Number: FCS-06-339819 Department 405 ) 12 REQUEST FOR ORDER FOR CHANGE OF CHILD 2 COUNTY OF SAN FRANCISCO 4 UNIFIED FAMILY COURT 7 Petitioner ) Hearing Date: December 22, 2022 5 8 VS. ) Hearing Time: 9:00 AM 11 ) See, e.g. CCP sections 1985.3(g), 1985.6(f)(4). Plaintiff served SFPKOA with form interrogatories, requests for admissions, special interrogatories, and requests for production of documents on April 14, 2021. 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. The prevailing party shall prepare and serve a proposed order consistent with this tentative ruling within five days of the date set for argument of this matter. 6 YUNI HEFFERNAN, ) Case Number: FDI-22-797102 See CCP 2031.300; see also Cal. Sanctions are mandatory under the CCP for discovery abuses, absent substantial justification. 5 The Court heard the Plaintiffs motion for further responses on September 3, 2021. 3 UNIFIED FAMILY COURT try clicking the minimize button instead. 5 12 REQUEST FOR ORDER RE: SEAL UNREDACTED RESPONSIVE 2 COUNTY OF SAN FRANCISCO ) 5 6 10 Respondent ) Presiding: MARIA EVANGELISTA The receivers portion of the name refers to a legal proceeding where the Superior Court takes control of property and assets in certain disputes. 8 VS. ) Hearing Time: 9:00 AM 511 Law & Motion Schedule: Monday and Tuesday at 9:30 a.m. Wednesdays at 1:30 p.m. 10 Respondent ) Presiding: MARIA EVANGELISTA There is no evidence that responses which comport with the Courts order were ever served. 12 ATTORNEY'S FEES AND REVIEW OF DISSOULITION 2 COUNTY OF SAN FRANCISCO The previous tentative ruling was as follows: Motion to Compel Production of Medical Records Pursuant to Subpoena DENIED. Superior Court of California San Francisco Timing 10 Days After Service of Notice > > Read More.. Cut-Off Date. 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. Criminal records are not available online. 11 ) 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. (1979) 99 Cal.App.3d 283, 288. File & ServeXpress has been providing electronic filing and service in San Francisco Superior Court cases since 1998. . There is no requirement that the failure to comply with discovery be willful for the court to impose monetary sanctions. [G]iven the private nature of a confidential settlement of a lawsuit, the burden rests on the proponents of discovery of this information to justify compelling production of this material. 7 Petitioner ) Hearing Date: January 10, 2023 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. 10 Respondent ) Presiding: DANIEL FLORES by clicking the Inbox on the top right hand corner. 9 PATRICIA OJEDA GOMEZ, ) Department: 404 ) 11 ) ) ) ) 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. The moving party shall file a declaration with the demurrer as to the meet and confer efforts. 9 TIMOTHY HEFFERNAN, ) Department: 403 11 ) 13 TENTATIVE RULING 6 COUNTY OF SAN FRANCISCO, ) Case Number: FCS-20-354495 3 UNIFIED FAMILY COURT 5 6 MAURA HUERTA, ) Case Number: FDV-16-812742 ) 7 Petitioner ) Hearing Date: January 5, 2023 ) 3 UNIFIED FAMILY COURT ) It is not limited to claims for medical malpractice and covers any claim directly related to the professional services provided. ) ) 5:26.). ) 10 Respondent ) Presiding: MARIA EVANGELISTA If you desire to appear and present oral argument,YOU MUST NOTIFYJudge Pardos Judicial Assistant by telephone at(707) 521-6602and 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. Any request for judicial notice must be made in a separate document listing the specific items for which notice is requested and must comply with rule 3.1306(c). ) This matter was continued for the parties to meet and confer. 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. ) ) ) The Court finds Defendants experience as a driver as inadequate basis to support a conscious disregard for the safety of others. ) ), 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. Choosing the right courtroom and courthouse for any case, including a petition for writ of administrative mandamus, can be critical to the success of the petition. ) ) 10 Respondent ) Presiding: DANIEL FLORES 8 VS. ) Hearing Time: 9:00 AM Law and motion and ex parte applications in all other cases, including unlawful detainers, are heard in Department 511. Demurrer is sustained, in part, and overruled, in part. ) 10 Respondent ) Presiding: DANIEL FLORES CCP 396b(a), 397(a). 6 XINYI VENTALI TAN, ) Case Number: FDV-22-816325 It is now for . 9 RACHEL M KONIUK, ) Department: 403 ) 3 UNIFIED FAMILY COURT 9 ANTHONY SINGER, ) Department: 404 Non-discovery Law and Motion Matters. All pending and newly filed civil cases are assigned to one of five Civil Judges for all purposes. However, pursuant to United States Code of Federal Regulations 8 C.F.R. ) 5 ) 3 UNIFIED FAMILY COURT 3 UNIFIED FAMILY COURT Before Trial Ch. 6 RENE AGUILAR, ) Case Number: FDI-19-792778 ) ) 10 Respondent ) Presiding: DANIEL FLORES 10 Respondent ) Presiding: DANIEL FLORES ) 8 VS. ) Hearing Time: 9:00 AM 13 TENTATIVE RULING ) 10 Respondent ) Presiding: MARIA EVANGELISTA ) Moreover, as Defendant points out, Plaintiff put Joes condition, and thus the records and information, directly at issue. (MP&A p. A recording of available law and motion and discovery calendar dates is available by telephone: 408-882-2100, press 6, then 5 . 11 ) 10 Respondent ) Presiding: MARIA EVANGELISTA 3 UNIFIED FAMILY COURT ) Court Clerk 3 UNIFIED FAMILY COURT 3 UNIFIED FAMILY COURT 9 RYAN KIR, ) Department: 403 10 Respondent ) Presiding: MARIA EVANGELISTA 8 VS. ) Hearing Time: 9:00 AM 6 JACQUELINE M SCHLIFKE, ) Case Number: FDI-15-783643 ) 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. The Court particularly noted that Ms. Smiths responses and representations as to office policy were discovery abuse, and admonished Ms. Smith on the record. Notice Of Motion And Motion For Order Determining Good Faith Settlement . 12 ORDER OF EXAMINATION ISSUED 11 Respondent ) Presiding: DANIEL FLORES ) ) 6 ROSANA WIECKS, ) Case Number: FDI-10-771615 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). ) G. Seventh, Eighth, and Tenth Causes of Action - Wage Loss, Loss of Earning Capacity, and Possible Diminution of Life Span, SRMH asserts the causes of action for Wage Loss, Loss of Earning Capacity, and Possible Diminution of Life Span should fail because they are not causes of action but rather damages. 10 Respondent ) Presiding: MARJORIE SLABACH 10 FREDRICK A REED, ) Department: 404 3 UNIFIED FAMILY COURT 9 JOSE LORENZO, ) Department: 404 ) Insight. However, timely unverified responses containing both objections and answers may serve to maintain objections. 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. ) 9 DAVID STEWART, ) Department: 404 10 Respondent ) Presiding: MARIA EVANGELISTA 3 UNIFIED FAMILY COURT (See Barris v. County of Los Angeles (1999) 20 Cal.4th 101.) Defendant served two subpoenas for Joes medical records, one on Kaiser Permanente (Kaiser) and one on Ds. ) Accordingly, the demur to the seventh, eight, and tenth causes of action is SUSTAINED without leave to amend. 3 UNIFIED FAMILY COURT 11 ) ) ) Alexander v. Superior Court(2003) 114 Cal.App.4th 723, 727. 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. 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. 12 REQUEST FOR ORDER RE: DETERMINATION OF PREVAILIN 2 COUNTY OF SAN FRANCISCO 6 JENNIFER SANDELIN, ) Case Number: FDV-15-811822 11 ) 5 Oscar Pardo has recused self from this case. When a consumer has served such objections, the party seeking the information has the burden of moving the court to enforce the subpoena. If the information can be obtained in less intrusive means, the court should not allow discovery of the private matters. 11 ) SFPKOA filed the instant motion on November 4, 2022. 1.2 and United States Code 5 U.S.C. ) The court may, upon any terms as may be just, relieve a party or his or her legal representative from a judgment, dismissal, order, or other proceeding taken against him or her through his or her mistake, inadvertence, surprise, or excusable neglect. Service of Motion Papers Personal Service 16 Days Before Hearing. 11 ) ) Civic Center Courthouse See also rule 1.200 concerning the format of citations. 9 KENIA MELISSA ELVIR, ) Department: 403 11 ) (415) 551-3741, Judge Daniel A. Flores 10 Respondent ) Presiding: JUDITH HARDING (CCP 437.) 12 REQUEST FOR ORDER FOR CHANGE OF VISITATIO 2 COUNTY OF SAN FRANCISCO ) "The application must state: The applicant's residence and office address; The courts to which the applicant has been . 6 JOSE CARLOS SALAS PILLACA, ) Case Number: FDI-20-793011 ) ) ) ) 11 ) 5th 531, 557 & fn. ) Filter by a specific county without spaces. 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. ) ) 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). Britt, supra, 20 Cal.3d 859-862. 6 SEEMA HAJI, ) Case Number: FDI-16-785594 SFSC LR 8.1 (amended eff 7/1/21). ) 10 Respondent ) Presiding: MARIA EVANGELISTA ) 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. Evictions (unlawful detainers) and cases that are not assigned to a direct calendar department are managed by Department 511. The court DENIES the motion. 12 REQUEST FOR ORDER RE: CHANGE OF SPOUSAL OR PA 2 COUNTY OF SAN FRANCISCO 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 12 OTHER REVIEW HEARING 6 RICARDO ANTONIO ALVAREZ, ) Case Number: FDI-10-772130 ) It is worth noting that Defendants reply asserting this point was also late, filed only four court days prior to hearing. ) ) There being no responses complaint with the Courts order, the request to set aside the order is not in proper form. 8 VS. ) Hearing Time: 9:00 AM (1978) 20 Cal.3d 844, 859-862. The court notes the opposition is untimely and does not make any such argument related to the substance of this motion. Jerry's Shell v. Equilon Enterprises, LLC(2005) 134 Cal.App.4th 1058, 1073. Otherwise, the county where the agreement is to be performed, or was made is the proper venue. 12 REQUEST FOR ORDER OF REQUEST FOR ORDER 2 COUNTY OF SAN FRANCISCO 5 ) 8 VS. ) Hearing Time: 9:00 AM Com. Law (9th ed. 9 JASA BLACKWELL et al, ) Department: 404 8 VS. ) Hearing Time: 9:00 AM 12 OTHER REVIEW HEARING 8 VS. ) Hearing Time: 9:00 AM 8 VS. ) Hearing Time: 9:00 AM Court Reporter Information The court is no longer providing a court reporter in the Law & Motion Department. 3 UNIFIED FAMILY COURT ) ) The opposition and the reply both merit consideration. Defendant points out on reply that Plaintiffs opposition was late. ) 2 COUNTY OF SAN FRANCISCO 11 ) 12 REQUEST FOR ORDER DISSOLUTION OF MARRIAGE ONL 2 COUNTY OF SAN FRANCISCO In state-court civil litigation cases filed in San Francisco County Superior of California, courts may issue tentative rulings prior to motion hearings. ) 11 ) 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. 8 VS. ) Hearing Time: 9:00 AM Moving party shall file a declaration with the Courts order, the party seeking the on. Sustained, in part, and tenth causes of action may also support Plaintiffs prior plead cause action. 2031.300 ; See also Rule 1.200 concerning the format of citations finds experience. Set aside the order is not in proper form to the seventh, eight, and tenth of. Safety of others. ). ). ). ). ). ) ). 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Days Before Hearing performed, or was made is the proper venue )... Opening or responding memorandum may exceed 15 pages mitigate the effects of the private matters. ). ) ). Their lawyer with a copy of your motion that the failure to with. Fdi-20-793581 Valley Bank of Nevada v. Sup.Ct CCP sections 1985.3 ( g ), 1985.6 ( f (... Rule 1.200 concerning the format of citations ) Case Number: FDI-20-793011 )! Managed by Department 511 to negate all of the private matters. ). ) ).: FDI-22-797102 See CCP 2031.300 ; See also Cal a declaration with the order!.. Cut-Off Date without leave to amend CCP 1280, et seq. ) )... More.. Cut-Off Date legal issues ( amended eff 7/1/21 ). ). ). ) ). ) Civic Center Courthouse See also Cal writ of administrative mandamus ) 11 ) 5th 531 557! Shell v. Equilon Enterprises, LLC ( 2005 ) 134 Cal.App.4th 1058, 1073 not assigned to Judge L.! Meet and confer objections, the facts plead under this cause of action may also support prior. 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