) 9 JOCHEN PHILLIP BACKS, ) Department: 403 ) 3 UNIFIED FAMILY COURT (415) 551-3759, Court Manager 11 ) ) To see department rules regarding virtual hearings, as well as virtual hearing instructions, please . 7 Petitioner ) Hearing Date: December 22, 2022 Hours: Monday - Friday: 8:00 a.m. - 4:00 p.m. ) ) 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. 9 JEREMIAH SHARLOW, ) Department: 404 See also rule 1.200 concerning the format of citations. (MP&A p. ) Therefore, Plaintiffs request for $1,500 in sanctions is appropriate and GRANTED. ) 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. 10 Respondent ) Presiding: MARIA EVANGELISTA 3 UNIFIED FAMILY COURT As addressed above, the demurrer is SUSTAINED, in part, and OVERRULED, in part, and the motion to strike is DENIED. 10 Respondent ) Presiding: DANIEL FLORES 6 DARCELL HENDERSON, ) Case Number: FDI-19-792571 ) 5 5th 531, 557 & fn. 3 UNIFIED FAMILY COURT 9 JOSE A MARTINEZ, ) Department: 403 ) By Phone (same meeting ID and password as listed for each calendar): Defendants Motion Fails to Establish a Basis for Mandatory or Discretionary Relief. ) ) ) ) 7 Petitioner ) Hearing Date: December 29, 2022 10 Respondent ) Presiding: MARJORIE SLABACH 12 RECEIPT OF TIER II REPORT, SUMMER/HOLIDAY 2 COUNTY OF SAN FRANCISCO 6 JENNIFER HSIN-SHENG CHANG, ) Case Number: FDI-20-794060 12 REVIEW HEARING ON PARENT 2 COUNTY OF SAN FRANCISCO 7 Petitioner ) Hearing Date: January 3, 2023 7 Petitioner ) Hearing Date: January 12, 2023 ) In a demurrer proceeding, the defects must be apparent on the face of the pleading or via proper judicial notice. When an arbitration occurs in only one county, that county is the proper venue for motions to vacate the arbitration award. 4 The matter went unresolved and Plaintiff filed a motion to compel further responses on June 30, 2021. 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. The protection is not absolute, however, and the information is discoverable where the need for discovery outweighs the privacy concerns. SRMH requests the court take judicial notice of Plaintiffs complaint filed on March 2, 2022. 6 NATALIA V KORITSKAYA, ) Case Number: FDI-15-783392 (Central Pathology Service Med. 6 The burden rests on the party seeking discovery to show that it is directly relevant, or essential, to the lawsuit. . Further, he alleges that Defendants outrageous and prejudicial conduct was a direct and proximate cause of his alleged emotional distress. ) 12 REQUEST FOR ORDER RE: LETTERS ROGATORY, REQUES 2 COUNTY OF SAN FRANCISCO 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). A consumer whose personal records have been subpoenaed may file a motion to quash a subpoena but may instead merely serve the subpoenaing party, custodian, and deposition officer with written objections stating the specific grounds. ), (e) Application to file longer memorandum. 10 Respondent ) Presiding: MARIA EVANGELISTA 8 VS. ) Hearing Time: 9:00 AM 3 UNIFIED FAMILY COURT 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. ) ) ) ) 5 6 CESAR ALDERERETE, ) Case Number: FLD-22-396959 Civic Center Courthouse 5 ) 8 8 VS. ) Hearing Time: 9:00 AM 10 Respondent ) Presiding: MARIA EVANGELISTA ) give notice of the hearing date as required by law. apply to most motions. Evictions (unlawful detainers) and cases that are not assigned to a direct calendar department are managed by Department 511. 5 ) ( Cal. ) Hearings on motions scheduled in Dept. (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. 8 VS. ) Hearing Time: 9:00 AM 10 Respondent ) Presiding: DANIEL FLORES Attn: Appellate Court Services. **Attorneys are only licensed to practice law in California. Trellis, a legal research platform, aggregates San Francisco County County tentative rulings and all tentative rulings in California. 7 Petitioner ) Hearing Date: December 29, 2022 However, as of January 6, 2023, a declaration of Juliana Combs has not been filed. 12 REQUEST FOR ORDER OF CHILD CUSTODY, 2 COUNTY OF SAN FRANCISCO 10 Respondent ) Presiding: MARIA EVANGELISTA ) 5 ) 8 VS. ) Hearing Time: 9:00 AM It has no discretion. Iott v. Franklin(1988) 206 Cal.App.3d 521, 528. ) ) 11 ) Hearing dates and times vary by department. ) As such, the Complaint does not contain adequate factual allegations that would support an award of punitive damages against Defendants. San Francisco, CA 94102 5 11 ) 9 ONDINE LIOR NUCHI, ) Department: 404 ) 11 ) Please see Google Maps for a map and directions to the immigration court. The Court held that the Plaintiffs had failed "to show a likelihood of prevailing on their claims." ) ) Strategic discovery misconduct resulting in terminating sanctions is not a proper basis for mandatory relief under CCP 473(b). 7 Petitioner ) Hearing Date: January 3, 2023 6 JULIE ANN ALBAY, ) Case Number: FMS-21-387354 10 Respondent ) Presiding: MARJORIE SLABACH Different counties in California have their own unique manner of handling case assignments. There is a fee for the ex parte hearing payable at the time of filing, unless you have a waiver of fee on file. Therefore, it lies only where the defects appear on the face of the pleading or are judicially noticed. (SKF Farms v. Superior Court (1984) 153 Cal.App.3d 902, 905.) ) ) 12 OTHER REVIEW HEARING; REQUEST FOR ORDER 2 COUNTY OF SAN FRANCISCO 13 TENTATIVE RULING ) ) 12 REVIEW HEARING RE; PARENTING TIME ) Defendant alleges, and the filings show, that the default was entered as to Defendant both as an individual, and Trustee. 11 ) 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.) ) 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). ) Rodriguez v. Brill(2015) 234 Cal.App.4th 715, 729. This is the Ray & Bishop Difference. 10 Respondent ) Presiding: DANIEL FLORES Com. If in paper form, the copy must be tabbed or separated as required by rule 3.1110(f)(3). 3 UNIFIED FAMILY COURT ) will be able to access it on trellis. 8 VS. ) Hearing Time: 9:00 AM 3 UNIFIED FAMILY COURT San Francisco, CA 94102 Food 4 Less Supermarkets, Inc. v. Superior Court(1995) 40 Cal.App.4th 651, 657. 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. The motion is GRANTED with leave to amend. 10 Respondent ) Presiding: MARIA EVANGELISTA Petitions to compromise the claim of a minor or incompetent person are assigned to Judge Alyson L. Lewis in Department 34. 10 Respondent ) Presiding: DANIEL FLORES 12 REQUEST FOR ORDER OF CHANGE OF CHILD CUSTODY 2 COUNTY OF SAN FRANCISCO This is wholly insufficient to inform the court or Plaintiff of exactly which allegations are at issue. 10 Respondent ) Presiding: DANIEL FLORES 11 ) ) are-san francisco no. (See Saunders v. Cariss (1990) 224 Cal.App.3d 905, 908.) On this page, you will find every civil tentative ruling from San Francisco County Superior. But this is a legal impossibility: a defendant has onlyoneduty, measured byonestandard of care, under any given circumstances. (Ibid. See Rodriguez v. Brill(2015) 234 Cal.App.4th 715, 729. 7 Petitioner ) Hearing Date: January 17, 2023 (Complaint, 75.) ) ) 8 VS. ) Hearing Time: 9:00 AM 8 VS. ) Hearing Time: 9:00 AM 5 6 ROSANA WIECKS, ) Case Number: FDI-10-771615 10 Respondent ) Presiding: DANIEL FLORES Alexander v. Superior Court(2003) 114 Cal.App.4th 723, 727. 8 VS. ) Hearing Time: 9:00 AM Defaults: (415) 551-5921 or (415) 551-5969. 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 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). 3 UNIFIED FAMILY COURT 6 YUNI HEFFERNAN, ) Case Number: FDI-22-797102 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. Leave a message with the following information: Your name, and that you want to appear. 5 Therefore, the Court cannot find that UPA has waived their objections. 3 UNIFIED FAMILY COURT 5 10 Respondent ) Presiding: MARIA EVANGELISTA ) ) ) Adding your team is easy in the "Manage Company Users" tab. 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. 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. I like all the marble too. 6 COUNTY OF SAN FRANCISCO, ) Case Number: FCS-18-353262 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. ) 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. 6 ANDREW KOKLIONG GAN, ) Case Number: FDI-16-785159 3 UNIFIED FAMILY COURT ) 9 THEODORE LAMONT DYNIA, ) Department: 403 Reserve Traffic Court Date; Law & Motion Calendars; Informal Discovery Calendars; Tentative Rulings; . ) 12 OTHER REVIEW HEARING However, pursuant to United States Code of Federal Regulations 8 C.F.R. 11 Respondent ) Presiding: DANIEL FLORES 9 ULRICH SCHMID-MAYBACH, ) Department: 403 7 Petitioner ) Hearing Date: December 22, 2022 ) A motion to strike may be based on failure to comply with form or procedures applicable to pleadings. ) 10 Respondent ) Presiding: MARIA EVANGELISTA ) ) Before Trial Ch. 6 SUNGHEE PARK CHUNG, ) Case Number: FDI-10-772628 ) 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. ) 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. Oscar Pardo has recused self from this case. ) 11 ) 12 ) 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. 5 Civic Center Courthouse ) 3 UNIFIED FAMILY COURT In order to avail themselves of the mandatory relief provision after imposition of terminating sanctions, responses compliant with the courts prior order must be served in order to make the request for mandatory relief in proper form. 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. (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. 8 Petitioner ) Hearing Date: December 29, 2022 Department 404 12 REQUEST FOR ORDER RE: SIGN QDRO 2 COUNTY OF SAN FRANCISCO 8 VS. ) Hearing Time: 9:00 AM ) An ex parte application for an order must be accompanied by an affidavit or a declaration showing: (1) that the applicant informed the opposing party when and where the application would be made no later than 10:00 a.m. on the court day before the application was made and the notice given, including the date, time, manner, and name of the party . ) The San Francisco Superior Court offers online access to Tentative Rulings for Civil and Family Law matters. Filings will be accepted by mail to 720 9th Street, Sacramento, CA 95814, or in the civil filing drop box located on the first floor of the Gordon D. Schaber Courthouse . 3 UNIFIED FAMILY COURT ) Law and motion and ex parte applications in all other cases, including unlawful detainers, are heard in Department 511. ) See, e.g. ) 13 TENTATIVE RULING 12 REQUEST FOR ORDER RE: ATTORNEY FEES AND 2 COUNTY OF SAN FRANCISCO 7 Petitioner ) Hearing Date: December 22, 2022 ) San Francisco Superior Court conducting settlement conferences for the civil and unlawful detainer calendars (2007 - 2011) and hearing discovery motions (2012 - 2014). See Petitioners Notice of Related Case filed July 31, 2021. Department 403 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). Los Angeles County Superior Court Writs and Receivers. ) 10 Respondent ) Presiding: MARIA EVANGELISTA ) 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. TEMPORARY Virtual Hearing Links During Microsoft Teams Outage https://www.sdcourt.ca.gov/virtualhearings. 9 CYNTHIA CHERIN, ) Department: 403 7 Petitioner ) Hearing Date: December 27, 2022 12 REQUEST FOR ORDER RE: WITHDRAWAL OF APPEARANCE, 2 COUNTY OF SAN FRANCISCO 5 6 JIAWEI TAN, ) Case Number: FDI-21-795548 9 MAINAK BANERJEE, ) Department: 403 ) 8 VS. ) Hearing Time: 9:00 AM 7 Petitioner ) Hearing Date: January 5, 2023 ) ) ) 7 Petitioner ) Hearing Date: January 10, 2023 10 Respondent ) Presiding: DANIEL FLORES 9 DEVENE TOBIE, ) Department: 403 6 ADRIAN DOLLARD, ) Case Number: FDI-20-793581 Based on the foregoing, Plaintiffs motion is MOOT. 3 UNIFIED FAMILY COURT 6 CHRISTOPHER JAMES RIVERS, ) Case Number: FMS-17-387056 If in electronic form, the authority must be electronically bookmarked as required by rule 3.1110(f)(4). 5 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. "In ruling on a motion or application for continuance, the court must consider all the facts and circumstances that are relevant to the determination. ) 6 DIANA AI HUANG, ) Case Number: FDI-22-796207 10 Respondent ) Presiding: JUDITH HARDING 13 REQUEST FOR ORDER FOR CHANGE OF CHILD CUSTODY, V 2 COUNTY OF SAN FRANCISCO 8 VS. ) Hearing Time: 9:00 AM ) Insight. 13 TENTATIVE RULING 12 REQUEST FOR ORDER OF CHI 2 COUNTY OF SAN FRANCISCO 9 MARCUS C HOPKINS, ) Department: 403 8 VS. ) Hearing Time: 9:00 AM 12 OTHER REVIEW HEARING 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). ) Taylor v. Superior Court(1979) 24 Cal.3d 890, 897 (Taylor). 9 ANDREW WIECKS, ) Department: 404 No reply or closing memorandum may exceed 10 pages. ) 7 Petitioner ) Hearing Date: January 17, 2023 A party may apply to the court ex parte but with written notice of the application to the other parties, at least 24 hours before the memorandum is due, for permission to file a longer memorandum. 3 UNIFIED FAMILY COURT 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. Defendants motion to set aside default under CCP 473(d) is GRANTED to the degree it names Defendant as an individual. This is without prejudice to Defendant seeking some additional medical information should it demonstrate a specific, particularized need as explained below. 12 REQUEST FOR ORDER RE: ATTORNEY FEES AND C 2 COUNTY OF SAN FRANCISCO 11 ) ) 3 UNIFIED FAMILY COURT Further these actions are already pled in the prayer for relief. (MP&A p. Service of Motion Papers Personal Service 16 Days Before Hearing. 10 Respondent ) Presiding: DANIEL FLORES ) 3 UNIFIED FAMILY COURT Ct. (Marshalls of CA, LLC) (2017) 3 Cal. There is no requirement to meet and confer prior to filing a motion to compel where there has been no response to discovery requests. 6 JANE KAWASAKI, ) Case Number: FDI-14-782099 3 UNIFIED FAMILY COURT 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 County's Probation Department handles Juvenile Traffic cases NOT the Superior . (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.). Although some have a specific court department for hearing petitions for writ of administrative mandamus, in many courts these cases can be assigned to any judge. 7 Petitioner ) Hearing Date: December 22, 2022 Respondents motion to transfer venue to Fresno County Superior Court is GRANTED. 3 UNIFIED FAMILY COURT ) 12 REQUEST FOR ORDER RE: LEAVE TO FILE AMENDED PETI 2 COUNTY OF SAN FRANCISCO ) 11 ) (Subd (e) amended and relettered effective January 1, 2004; adopted as part of subd (d).). 10 Respondent ) Presiding: DANIEL FLORES Code Civ. ) ) 7:9-10.). 7 Petitioner ) Hearing Date: December 22, 2022 5 . A party filing a motion, except for a motion listed in rule 3.1114, must serve and file a supporting memorandum. CCP . 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. ) The assignment of the case depends on the case number assigned by the clerks office. Paralegal Manual, San Francisco Probate Court, Self-Represented Guardianship Program (Prepared by the Superior Court of California, County . 7 Petitioner ) Hearing Date: December 29, 2022 11 ) ) ) Beginning June 15, 2021, all courthouses are open to the public and most in-person services are restored. ) 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. 6 SARAH GADYE, ) Case Number: FDI-16-785621 ) ) ) 7 Petitioner ) Hearing Date: December 27, 2022 7 Petitioner ) Hearing Date: January 10, 2023 10 Respondent ) Presiding: MARIA EVANGELISTA ), The motion must specify the portions of the complaint to be stricken. 511 Law & Motion Schedule: Monday and Tuesday at 9:30 a.m. Wednesdays at 1:30 p.m. (1993) 18 Cal.App.4th 919, 933; see also Britt v. Sup.Ct. ) ) 11 ) ) San Francisco Superior Court: Clerk phone: +1 (415) 551-3796: Court Reporter: +1 (415) 551-5869 . 7 Petitioner ) Hearing Date: January 17, 2023 11 ) ) 9 PETER AVRITCH, ) Department: 404 8 VS. ) Hearing Time: 9:00 AM 10 Respondent ) Presiding: DANIEL FLORES ) ) 6 RADHEY SHYAM, ) Case Number: FDI-19-792403 ) 6 COUNTY OF SAN FRANCISCO, ) Case Number: FCS-14-349954 8 VS. ) Hearing Time: 9:00 AM Third, any relief here, either discretionary or mandatory, would only be proper if SFPKOA had provided the complaint discovery responses the court ordered. ) 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. Local Rule 8 governs the procedures for petitions for writ of administrative mandamus. This defect is capable of remedy through amendment. On January 6, 2023, Plaintiff filed an opposition. 9 MOHAMMAD DAGHIGHI, ) Department: 404 9 BOHDANNA M KESALA, ) Department: 403 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. ) Find electronic and print forms for court and sample legal agreements at the San Francisco Law Library. 3 UNIFIED FAMILY COURT ) Failure to verify responses is equivalent to serving no responses at all. (SeePanos v. Great Western Packing Co. (1943) 21 Cal.2d 636, 638.) Attorneys offices are only located in California. ) ) CCP 1292(a) & 1292.2. Regarding the FIs, a party responding to an interrogatory must provide a response that is as complete and straightforward as the information reasonably available to the responding party permits and [i]f an interrogatory cannot be answered completely, it shall be answered to the extent possible. CCP 2030.220(a)-(b). 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