san francisco superior court law and motion

) ) 13 TENTATIVE RULING 9 ANDREW WIECKS, ) Department: 404 (See Barris v. County of Los Angeles (1999) 20 Cal.4th 101.) ) ) The Motion is GRANTED. 12 OTHER REVIEW HEARING ) ) ) Local Rule 8 governs the procedures for petitions for writ of administrative mandamus. 10 Respondent ) Presiding: MARIA EVANGELISTA It is elementary that [a] court can always correct a clerical, as distinguished from a judicial error which appears on the face of a decree by anunc pro tuncorder. Bell v. Farmers Ins. (Civil Case Coordination) 455 Golden Gate Avenue, 5th Floor. Accordingly, the demur to the seventh, eight, and tenth causes of action is SUSTAINED without leave to amend. 11 ) (1979) 99 Cal.App.3d 283, 288. ) 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. 10 Respondent ) Presiding: DANIEL FLORES 10 Respondent ) Presiding: MARIA EVANGELISTA (1952) 110 Cal.App.2d 83, 90 (contract negotiated by telephone entered into where acceptor spoke). 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. 9 CLIFFORD GADYE, ) Department: 404 His life and legacy. 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.. 5 10 Respondent ) Presiding: MARIA EVANGELISTA In state-court civil litigation cases filed in San Francisco County Superior of California, courts may issue tentative rulings prior to motion hearings. 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. (2000) 78 Cal.App.4th 1282, 1290. 8 VS. ) Hearing Time: 9:00 AM 7 Petitioner ) Hearing Date: December 27, 2022 5 ) 3 UNIFIED FAMILY COURT ) And punitive damages may be stricken where the facts alleged do not rise to the level of malice, fraud or oppression required to support a punitive damages award. Plaintiffs counsel shall submit a written order to the court consistent with this ruling and in compliance with California Rules of Court, Rule 3.1312. 10 Respondent ) Presiding: MARIA EVANGELISTA 6 TINA MARIE BATARA SEVERSON, ) Case Number: FDI-14-781472 3 UNIFIED FAMILY COURT ), A. 12 ) 5 6 COUNTY OF SAN FRANCISCO, ) Case Number: FCS-20-354495 Cheng San Francisco Superior Court: Alfred G. Chiantelli San Francisco . 5 3 UNIFIED FAMILY COURT See Rodriguez v. Brill(2015) 234 Cal.App.4th 715, 729. 6 JOHN FRANCIS DYNIA, ) Case Number: FDI-20-794180 ) ) 9 IVAN D DAVCHEV, ) Department: 403 8 VS. ) Hearing Time: 9:00 AM ) Food 4 Less Supermarkets, Inc. v. Superior Court(1995) 40 Cal.App.4th 651, 657. 9:1-3.). 10 Respondent ) Presiding: DANIEL FLORES 9 TIMON KARLEUNG SOOHOO JR, ) Department: 404 7 COUNTY OF SAN FRANCISCO, ) Case Number: FCS-16-351370 Where no response was served to a FI, there is no time requirement in moving to compel, nor any requirement to meet and confer. 6 ) ) ) 5 Retired President of the San Francisco Law Library Board of Trustees October 20, 1924-November 5, 2022. 6 ) (Subd (e) amended and relettered effective January 1, 2004; adopted as part of subd (d).). ) 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. 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. ) A memorandum that exceeds 10 pages must include a table of contents and a table of authorities. 10 Respondent ) Presiding: JUDITH HARDING ) Local Rule 8.1 provides a detailed description of the types of motions that are heard in the Law and . ) As with the demurrer, on January 6, 2023, Plaintiff filed in opposition. 3 UNIFIED FAMILY COURT ) 8 VS. ) Hearing Time: 9:00 AM 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. The court must rule on the motion as if the party had appeared. 12 REQUEST FOR ORDER RE: ATTORNEY FEES 2 COUNTY OF SAN FRANCISCO 11 ) ) See, e.g. Please note that law and motion matters are heard by appointment ONLY in all civil IC departments as per Local Rule 2.1.19. 10 Respondent ) Presiding: DANIEL FLORES For information on how virtual appearances may be made, please refer to the Civil Independent Calendar Hearings link. ) ) 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). Therefore, based on all the reasons above, the motion to set aside sanctions orders is DENIED. 5 9 WARREN W. PRINGLE III, ) Department: 403 8 VS. ) Hearing Time: 9:00 AM Code 3294. 10 Respondent ) Presiding: MARIA EVANGELISTA 8 VS. ) Hearing Time: 9:00 AM **. 12 REQUEST FOR ORDER RE: TEMPORARY EMERGENCY ORDER, 2 COUNTY OF SAN FRANCISCO (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. ) 4 UNIFIED FAMILY COURT ) 8 VS. ) Hearing Time: 9:00 AM 12 REVIEW HEARING ON STATUS OF CHILD'S THERA 2 COUNTY OF SAN FRANCISCO Importantly, the burden is on the moving party to show that venue is not proper in the county where the action was filed and that venue is proper in the county to which defendant wishes to transfer the action. 5 ) ) As such, it is not adequately noticed, and is not considered. 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. ) However, this tentative ruling information is usually taken down from the court's website after several days or weeks. 6 JAMES MALCOLMSON, ) Case Number: FDI-20-794078 Please wait a moment while we load this page. 6 NAOMI ASSARAF, ) Case Number: FDI-19-792611 10 Respondent ) Presiding: DANIEL FLORES Proc. 8 VS. ) Hearing Time: 9:00 AM 6 CHRISTOPHER JAMES RIVERS, ) Case Number: FMS-17-387056 ) 3 UNIFIED FAMILY COURT ) 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. ) See Petitioners Notice of Related Case filed July 31, 2021. A case citation must include the official report volume and page number and year of decision. ) 9 SIDDHARTH BREJA, ) Department: 404 7 Petitioner ) Hearing Date: December 22, 2022 This matter was continued for the parties to meet and confer. ) ) Reputation. This matter arises under the CAA (CCP 1280, et seq.). 12 OTHER REVIEW HEARING; ORDER TO SHOW CAU 2 COUNTY OF SAN FRANCISCO 6 YUNI HEFFERNAN, ) Case Number: FDI-22-797102 Research guides on legal topics. See also rule 1.200 concerning the format of citations. 6 DOUGLAS ELVIRA-CHILIN, ) Case Number: FDI-22-796115 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. 3 UNIFIED FAMILY COURT ) Leave a message with the following information: Your name, and that you want to appear. 8 VS. ) Hearing Time: 9:00 AM 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. 6 JUSTIN GUERRERO-HOBBS, ) Case Number: FMS-17-386976 12 REQUEST FOR ORDER FOR CHANGE OF VIS 2 COUNTY OF SAN FRANCISCO ) See Appleton v. Superior Court (1988) 206 Cal.App.3d 632, 635,636. ) 6 TESSA LUU, ) Case Number: FDI-17-787511 If in paper form, the copy must be tabbed or separated as required by rule 3.1110(f)(3). 8 VS. ) Hearing Time: 9:00 AM 4:21-22; 5:22-23. 7 Petitioner ) Hearing Date: December 29, 2022 (See Saunders, supra, 224 Cal.App.3d at p. (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. ) Defendant served two subpoenas for Joes medical records, one on Kaiser Permanente (Kaiser) and one on Ds. In a summary judgment or summary adjudication motion, no opening or responding memorandum may exceed 20 pages. 10 Respondent ) Presiding: MARJORIE SLABACH Also, Sacramento County Superior Court judges are routinely asked to enter judgments challenging actions by the State of California and its agencies. 11 ) ) ( Cal. 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. ) 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. 8:8-9. Experience. SFSC LR 8.1 (amended eff 7/1/21). Plaintiff served SFPKOA with form interrogatories, requests for admissions, special interrogatories, and requests for production of documents on April 14, 2021. ) 6 KITTY TRAWINSKI, ) Case Number: FDI-11-775537 ) ) Service to the other party or their lawyer may be done either by mail or in person. ) (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. These departments may go under different names in different counties. ) There is a fee for the ex parte hearing payable at the time of filing, unless you have a waiver of fee on file. ) 5 Hearings on motions scheduled in Dept. 11 ) ) ) ) ) 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. Clickherefor more information about tentative rulings. ) 12 REQUEST FOR ORDER OF CHILD CUSTODY, VISITATION (P 2 COUNTY OF SAN FRANCISCO (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.). ) 6 PATRICIA WHALEN CHERIN, ) Case Number: FDI-22-796788 Department 302 of the San Francisco County Superior Court hears law and motion matters, including all writs and receivers cases. 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. 3 UNIFIED FAMILY COURT Except in a summary judgment or summary adjudication motion, no opening or responding memorandum may exceed 15 pages. 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. 11 ) 9 JIAYING HE, ) Department: 403 ) 9 VICTOR MANUEL PONCE REDONDO, ) Department: 403 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. 11 ) 10 This defect is capable of remedy through amendment. Non-discovery Law and Motion Matters. 6 JOSE CARLOS SALAS PILLACA, ) Case Number: FDI-20-793011 11 ) 11 ) 908.) ) ) (Subd (b) amended effective January 1, 2004.). 7 Petitioner ) Hearing Date: January 17, 2023 ) ) 5 Department 22. 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