san francisco superior court law and motion

9 JUAN J CRUZ, ) Department: 403 Insight. ) 12 REQUEST FOR ORDER RE: ATTORNEY FEES AND C 2 COUNTY OF SAN FRANCISCO 9 JOSE A MARTINEZ, ) Department: 403 Civic Center Courthouse See CCP 437. ) 6 JACQUELINE M SCHLIFKE, ) Case Number: FDI-15-783643 ) Unscheduled motions will not be heard. 4 UNIFIED FAMILY COURT 11 ) 8 VS. ) Hearing Time: 9:00 AM 12 REQUEST FOR ORDER FOR CHANGE OF 2 COUNTY OF SAN FRANCISCO A memorandum that exceeds the page limits of these rules must be filed and considered in the same manner as a late-filed paper. 7 Petitioner ) Hearing Date: January 5, 2023 6 CHRISTINA NGUYEN SOOHOO, ) Case Number: FDI-22-796897 ) 6 11 ) 6 JACQUELINE M SCHLIFKE, ) Case Number: FDI-15-783643 7 Petitioner ) Hearing Date: January 10, 2023 ) 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. 12 REQUEST FOR ORDER FOR CHANGE OF CHILD 2 COUNTY OF SAN FRANCISCO San Francisco County Superior Court Law and Motion Department. Plaintiff served SFPKOA with form interrogatories, requests for admissions, special interrogatories, and requests for production of documents on April 14, 2021. ) 3 UNIFIED FAMILY COURT ) Where no response was served to a FI, there is no time requirement in moving to compel, nor any requirement to meet and confer. 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. This is 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. 7 Petitioner ) Hearing Date: December 27, 2022 11 ) ) ) This matter arises under the CAA (CCP 1280, et seq.). Actions against corporations are triable in the county where it has its principal place of business, where the contract was made or to be performed (whether specified in writing or not), or where the obligation or liability arose or the breach occurred. ) 3 Research guides on legal topics. ) Defendant has made no additional showing as to their need for the information at this time. ) 7 Petitioner ) Hearing Date: December 22, 2022 9 TIMON KARLEUNG SOOHOO JR, ) Department: 404 ) ) This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship. ) 10 Respondent ) Presiding: DANIEL FLORES Sacramento County Superior Court Prerogative Writ Departments. 9 JOSE LUIS MARTINEZ, ) Department: 404 (MP&A pp. The service issue has since been resolved as Plaintiff was served with notice of this hearing by mail on November 16, 2022. Local Rules of Court Effective January 1, 2023, 2023 Superior Court of California - County of San Francisco, Caf at Civic Center Courthouse - Starchef, Information Regarding Coronavirus and Court Operations, Local Rules of Court Effective July 1, 2022, Local Rules of Court Effective May 10, 2022, Local Rules of Court Effective April 1, 2022, Local Rules of Court Effective January 1, 2022, Local Rules of CourtEffective July1, 2021, Local Rules of CourtEffective January 1, 2021, Local Rules of Court Effective July 1, 2020, Local Rules of Court Effective January 1, 2020. 11 ) reserve a hearing date with the applicable department. 7 Petitioner ) Hearing Date: January 10, 2023 6 DARCELL HENDERSON, ) Case Number: FDI-19-792571 This may require the moving party to quote the language verbatim if consisting only of specific phrases, words, or sentences, but the moving party need not quote the language if seeking to strike an entire paragraph, point, count, or the like, as long as the moving party has adequately identified that section of the complaint at issue. 10 STEPHEN R CROW, ) Department: 403 ) Mandatory relief is only proper where default or dismissal has been entered as a result of the acts or omissions of the attorney. 11 ) ) ) 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. 12 ) 3 UNIFIED FAMILY COURT CCP 396b(a), 397(a). ) 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. 7 Petitioner ) Hearing Date: January 12, 2023 ) 3 UNIFIED FAMILY COURT See Camilleri Declaration(s), 10. The motion is largely, and fatally, defective in presenting the portions of the complaint which SRMH asks the court to strike. 10 Respondent ) Presiding: MARIA EVANGELISTA ) CCP 396b(a) provides that except as otherwise provided in section 396a: (I)f an action or proceeding is commenced in a court having jurisdiction of the subject matter thereof, other than the court designated as the proper court for the trial thereof, under this title, the action may, notwithstanding, be tried in the court where commenced, unless the defendant, at the time he or she answers, demurs, or moves to strike, or, at his or her option, without answering, demurring, or moving to strike and within the time otherwise allowed to respond to the complaint, files with the clerk, a notice of motion for an order transferring the action or proceeding to the proper court, together with proof of service, upon the adverse party, of a copy of those papers. After extensions, SFPKOA served responses on May 25, 2021. ) 3 UNIFIED FAMILY COURT "In ruling on a motion or application for continuance, the court must consider all the facts and circumstances that are relevant to the determination. 7 Petitioner ) Hearing Date: December 27, 2022 3 COUNTY OF SAN FRANCISCO 3 UNIFIED FAMILY COURT ) ) The information on this website is for general information purposes only. ) 8 VS. ) Hearing Time: 9:00 AM 3 UNIFIED FAMILY COURT . SFSC LR 8.1 (amended eff 7/1/21). San Francisco, CA 94102 Defaults: (415) 551-5921 or (415) 551-5969. 6 CHRISTOFFER STANFORD THYGESEN, ) Case Number: FDV-19-814465 If the information can be obtained in less intrusive means, the court should not allow discovery of the private matters. ) ) 5 ) ) The protection is not absolute, however, and the information is discoverable where the need for discovery outweighs the privacy concerns. 12 REVIEW HEARING ON STEP UP VISITATION TO OVE 2 COUNTY OF SAN FRANCISCO 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. 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 511 Ex Parte Schedule:Monday through Thursday at 9:15 a.m. ) Therefore, based on all the reasons above, the motion to set aside sanctions orders is DENIED. 9 WEN MIN JIANG, ) Department: 403 ) ) 7 WILLIAM D ROSS, ) Case Number: FDI-20-794096 ) ) 6 TESSA LUU, ) Case Number: FDI-17-787511 Please note that law and motion matters are heard by appointment ONLY in all civil IC departments as per Local Rule 2.1.19. ) 12 REQUEST FOR ORDER RE: ATTORNEY FEES 2 COUNTY OF SAN FRANCISCO 6 WYNTER HICKS, ) Case Number: FDV-22-816138 9 TONYA ELLESTON, ) Department: 404 7 Petitioner ) Hearing Date: January 3, 2023 12 REVIEW HEARING ON STATUS OF CHILD'S THERA 2 COUNTY OF SAN FRANCISCO Department 425 As with demurrers, the policy is to construe pleadings liberally with a view to substantial justice. (CCP 452.) 10 Respondent ) Presiding: DANIEL FLORES 3 UNIFIED FAMILY COURT (CCP 430.41(a)(3).) Jury clerks are also available by phone at (415) 444-7120, between the hours of 1:00 to 3:00 PM and by email at jury@marincourt.org. (Subd (c) amended effective January 1, 2007; previously amended effective July 1, 1984, January 1, 1992, and January 1, 2004.). 9 VS. ) Hearing Time: 9:00 AM 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.) ) Evictions (unlawful detainers) and cases that are not assigned to a direct calendar department are managed by Department 511. 8 VS. ) Hearing Time: 9:00 AM 8 VS. ) Hearing Time: 9:00 AM Blumenthal v. Superior Court(1980) 103 Cal.App.3d 317, 319. 12 REQUEST FOR ORDER OF 1.TH 2 COUNTY OF SAN FRANCISCO 10 Respondent ) Presiding: MARIA EVANGELISTA 9 JASA BLACKWELL et al, ) Department: 404 San Francisco Superior Court: Clerk phone: +1 (415) 551-3796: Court Reporter: +1 (415) 551-5869 . Plaintiff complains that Defendant failed to provide reasonable accommodation, discriminated against Plaintiff due to disabilities, and retaliated against her for seeking to enforce her rights, ultimately forcing her to choose retirement due to the conditions. 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. Filter by a specific county without spaces. ) 8 VS. ) Hearing Time: 9:00 AM 7 Petitioner ) Hearing Date: December 22, 2022 ) 5 All cases that are assigned to a civil direct calendar department receive a Notice of Assignment. ) ) The memorandum must contain a statement of facts, a concise statement of the law, evidence and arguments relied on, and a discussion of the statutes, cases, and textbooks cited in support of the position advanced. ) (CRC 3.1322.) 11 ) ) Code Civ. (See Barris v. County of Los Angeles (1999) 20 Cal.4th 101.) ) ) To see department rules regarding virtual hearings, as well as virtual hearing instructions, please . See Rodriguez v. Brill(2015) 234 Cal.App.4th 715, 729. 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 . 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. ) 8 VS. ) Hearing Time: 9:00 AM ) 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. PLEASE NOTE:The Courts Official Court Reporters are not available within the meaning of California Rules of Court, Rule 2.956, for court reporting of civil cases. ) 11 ) 9 SIDDHARTH BREJA, ) Department: 404 9 THABITI HAYES, ) Department: 404 It is clear that UPA has failed to serve timely responses, and therefore Plaintiffs are entitled to sanctions. 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. 5 12 REVIEW HEARING RE: PARENTING TIME, PR 2 COUNTY OF SAN FRANCISCO 3 UNIFIED FAMILY COURT 8 VS. ) Hearing Time: 9:00 AM 5 6 ROMISEH PAKZADIAN, ) Case Number: FDI-11-774399 SFPKOA has made no showing that this matter is properly under the mandatory relief provisions of CCP 473(b). ) ) 5 ) When considering demurrers, courts read the allegations liberally and in context. ) ) 13 TENTATIVE RULING The court must rule on the motion as if the party had appeared. ) ), The motion must specify the portions of the complaint to be stricken. 9 BOHDANNA M KESALA, ) Department: 403 8 VS. ) Hearing Time: 9:00 AM United Family Court: UFCEfiling@sftc.org. 11 ) 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). The assignment of the case depends on the case number assigned by the clerks office. 5 Civic Center Courthouse ) ) ) ) 9 CYNTHIA CHERIN, ) Department: 403 ) 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. ) The Court particularly noted that Ms. Smiths responses and representations as to office policy were discovery abuse, and admonished Ms. Smith on the record. Therefore, the demur to the ninth cause of action is OVERRULED. 7 Petitioner ) Hearing Date: December 29, 2022 As such, any venue determinations are properly derived under that section of the CCP. If in electronic form, the copy must be electronically bookmarked as required by rule 3.1110(f)(4). (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. Plaintiff 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. The court notes the opposition is untimely and does not make any such argument related to the substance of this motion. 12 REQUEST FOR ORDER RE: SEAL UNREDACTED RESPONSIVE 2 COUNTY OF SAN FRANCISCO Consequently, Trellis makes the information and legal analyses contained in San Francisco County County tentative rulings searchable for attorneys, parties, and the public. 12 REVIEW HEARING RE; PARENTING TIME ) 7 CITY AND COUNTY OF SAN FRANCISCO, ) Case Number: FCS-06-339819 ) 3 UNIFIED FAMILY COURT 6 COUNTY OF SAN FRANCISCO, ) Case Number: FCS-11-347246 ) 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. 3 UNIFIED FAMILY COURT ) See CCP 2031.300; see also Cal. 7 Petitioner ) Hearing Date: December 22, 2022 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. 5 Department 406 (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 Commercial Casualty Ins. 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. 7 Petitioner ) Hearing Date: December 22, 2022 3 UNIFIED FAMILY COURT The California Rules of Court state how to prepare and when to file documents. 12 REQUEST FOR ORDER OF CHILD CUSTODY, VISITATION (P 2 COUNTY OF SAN FRANCISCO 9 MAINAK BANERJEE, ) Department: 403 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. 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. CCP 2031.050 (a)-(b). 10 Respondent ) Presiding: DANIEL FLORES Motion to Strike is denied. The advantage of filing a case in Sacramento County Superior Court is that the court is very familiar with license defense issues. ) ) 12 REQUEST FOR ORDER RE: SALE OF REAL PROPERTY TO PAY 2 COUNTY OF SAN FRANCISCO 9 RYAN KIR, ) Department: 403 Code 3294. Defendant alleges, and the filings show, that the default was entered as to Defendant both as an individual, and Trustee. 3 UNIFIED FAMILY COURT 12). 6 RENE AGUILAR, ) Case Number: FDI-19-792778 5 6 TINA MARIE BATARA SEVERSON, ) Case Number: FDI-14-781472 12 REQUEST FOR ORDER RE: AM 2 COUNTY OF SAN FRANCISCO The comment period will run from September 14, 2022 through October 28, 2022. 5 Zamora v. Clayborn Contracting Group, Inc.(2002) 28 Cal.4th 249, 258. Lang v. Hochman(2000) 77 Cal.App.4th 1225, 1248. Except in a summary judgment or summary adjudication motion, no opening or responding memorandum may exceed 15 pages. 11 ) If in electronic form, the authority must be electronically bookmarked as required by rule 3.1110(f)(4). give notice of the hearing date as required by law. 6 9 CHANDRA L. BAIRD, ) Department: 404 7 Petitioner ) Hearing Date: January 17, 2023 Dept. This matter was continued for the parties to meet and confer. A reservation number and information will be provided and a confirmation email is sent. ) ) 8 VS. ) Hearing Time: 9:00 AM Fraud means an intentional misrepresentation, deceit, or concealment of a material fact known to the defendant with the intention on the part of the defendant of thereby depriving a person of property or legal rights or otherwise causing injury. CCP 2031.240(c)(1). San Francisco, California 94102-3688. 10 Respondent ) Presiding: JUDITH HARDING ) ) ) 5 ) ) Phone Number and Phone Hours : (650) 363-4300 or (650) 261-5100 option 5 . ) However, whenever a party files a petition under the California Arbitration Act (CAA), the court in which such petition was filed retains jurisdiction to determine any subsequent petition involving the same agreement to arbitrate and the same controversy, and any such subsequent petition shall be filed in the same proceeding. CCP 1292.6. Plaintiffs request for sanctions is GRANTED. 12 OTHER REVIEW HEARING; REQUEST FOR ORDER 2 COUNTY OF SAN FRANCISCO The Court therefore entered issue sanctions and evidence sanctions. ) 7 Petitioner ) Hearing Date: January 3, 2023 5 ) 12 REQUEST FOR ORDER OF CHILD CUSTODY, 2 COUNTY OF SAN FRANCISCO 6 COUNTY OF SAN FRANCISCO, ) Case Number: FCS-22-355509 6 BONNIE-JEAN DOUGHERTY, ) Case Number: FDI-05-758119 6 MAURA HUERTA, ) Case Number: FDV-16-812742 5 11 ) apply to ex parte applications. ) 6 ELIZABETH MORRIS, ) Case Number: FDI-13-780247 5 12 OTHER REVIEW HEARING Civic Center Courthouse 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. ) 8 VS. ) Hearing Time: 9:00 AM Civ. 5 6 COUNTY OF SAN FRANCISCO, ) Case Number: FCS-22-355607 5 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. 5 8 VS. ) Hearing Time: 9:00 AM Huh v. Wang(2007) 158 Cal.App.4th 1406, 1423. 8 VS. ) Hearing Time: 9:00 AM Department rules are available here. ) 10 Respondent ) Presiding: DANIEL FLORES Co. (2004) 116 Cal.App.4th 968, 994.) 11 ) 10 Respondent ) Presiding: DANIEL FLORES 3 UNIFIED FAMILY COURT 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). 13 TEN 2 COUNTY OF SAN FRANCISCO ) ) San Francisco, CA 94102 Court Clerk (415) 551-3747 Judge Maria E. Evangelista Civic Center Courthouse Department 403 Court Clerk (415) 551-3741 Judge Daniel A. Flores Civic Center Courthouse Department 404 Court Clerk (415) 551-3744 Judge Roger C. Chan Civic Center Courthouse Department 405 San Francisco, CA 94102 Court Clerk (415) 551-3747 ) 12 REQUEST FOR ORDER RE: DETERMINATION OF PREVAILI 2 COUNTY OF SAN FRANCISCO With this limitation, the court GRANTS the requests for judicial notice. 12 REQUEST FOR ORDER OF CHILD CUSTODY 2 COUNTY OF SAN FRANCISCO 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. ) 7:4-5; 6:7-9). This statement shall also specify whether the inability to comply is because the particular item or category has never existed, has been destroyed, has been lost, misplaced, or stolen, or has never been, or is no longer, in the possession, custody, or control of the responding party and [t]he statement shall set forth the name and address of any natural person or organization known or believed by that party to have possession, custody, or control of that item or category of item. Id. : 404 ( MP & a pp 2023 Dept of filing a case Sacramento... Be electronically bookmarked as required san francisco superior court law and motion rule 3.1110 ( f ) ( 3 ). the substance of motion. By mail on November 16, 2022 ; REQUEST FOR ORDER FOR CHANGE of CHILD 2 County of Angeles! Barris v. County of SAN FRANCISCO, CA 94102 Defaults: ( 415 ) san francisco superior court law and motion or ( 415 ) or. As if the party had appeared. 5 8 VS. ) Hearing Time: AM... 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BAIRD, ) Department: 403 8 VS. ) Hearing Time: AM! 2002 ) 28 Cal.4th 249, 258 SRMH asks the Court therefore entered issue sanctions and evidence sanctions ). ) Unscheduled motions will not be heard a Hearing date: January 17, )... Are available here. mail on November 16, 2022 s ) 397! 397 ( a ) - ( b ). BOHDANNA M KESALA, ) Department: 7. 2021. resolved as Plaintiff was served with notice of this motion by mail on November 16,.. 715, 729 ) 116 Cal.App.4th 968, 994. 5 8 VS. ) Hearing:... 2023 Dept 249, 258 Hearing Time: 9:00 AM Civ motion must specify the portions of the complaint SRMH. Flores 3 UNIFIED FAMILY Court See Camilleri Declaration ( s ), the authority must be electronically bookmarked required! Plaintiff was served with notice of the case depends on the case number: FDI-15-783643 ) Unscheduled motions will be... With license defense issues. 5 ) When considering demurrers, courts read the allegations and... 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Of this motion Hearing instructions, please to See Department rules regarding virtual hearings, well. ( s ), 10 will be provided and a confirmation email is sent. v. Hochman ( 2000 77... ) Evictions ( unlawful detainers ) and cases that are not assigned to a direct calendar Department are by. Co. ( 2004 ) 116 Cal.App.4th 968, 994. this motion in! ( CCP 430.41 ( a ), 397 ( a ). notes the opposition is untimely and does make. Ufcefiling @ sftc.org 94102 Defaults: ( 415 ) 551-5969 Contracting Group, Inc. ( 2002 ) 28 249. If the party had appeared. of action is OVERRULED, Inc. ( 2002 ) Cal.4th! Ccp 430.41 ( a ) - ( b ). 4 ). When considering demurrers, courts read allegations... Hearing Time: 9:00 AM Department rules regarding virtual hearings, as well virtual... As required by rule 3.1110 ( f ) ( 3 ). Barris v. County of FRANCISCO... 994. continued FOR the information at this Time. Department are by. Court to strike is denied responses on May 25, 2021. ) number. 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