san francisco superior court law and motion
9 THEODORE LAMONT DYNIA, ) Department: 403 11 ) 9 ADAM SCHLIFKE, ) Department: 404 Upon the hearing of the motion the court shall, if it appears that the action or proceeding was not commenced in the proper court, order the action or proceeding transferred to the proper court.. A case citation must include the official report volume and page number and year of decision. 5 No in-person appearances will be permitted. ) 7 Petitioner ) Hearing Date: December 13, 2022 at 991. CCP 2031.240(c)(1). 7 Petitioner ) Hearing Date: January 12, 2023 ) As such, it is not adequately noticed, and is not considered. A memorandum that exceeds the page limits of these rules must be filed and considered in the same manner as a late-filed paper. Defaults: (415) 551-5921 or (415) 551-5969. 9 HANNAH YUIN YEE LEONG, ) Department: 404 Rule of Court, Rule 8.54 is inapplicable, as it is a rule applying to appellate matters. F. Ninth Cause of Action - Negligent Supervision. ) 8 VS. ) Hearing Time: 9:00 AM 11 ) Responding Defendant and/or her attorney are to pay $1,500 to Defendant within 30 days of this order. Law and motion and ex parte applications in all other cases, including unlawful detainers, are heard in Department 511. ) 5 9 ANTHONY SINGER, ) Department: 404 13 REQUEST FOR ORDER OF CHILD CUS 2 COUNTY OF SAN FRANCISCO 6 NAOMI ASSARAF, ) Case Number: FDI-19-792611 A party filing a motion, except for a motion listed in rule 3.1114, must serve and file a supporting memorandum. ) CourtCall is not permitted for this calendar. Department 403 12 REQUEST FOR ORDER RE: SEALIN 2 COUNTY OF SAN FRANCISCO 10 Respondent ) Presiding: MARJORIE SLABACH ) 3 UNIFIED FAMILY COURT ) ) ) 6 ALEXANDRIA DELOZADA, ) Case Number: FLD-16-396426 Request for Entry of Default (1)(c). ) 3 UNIFIED FAMILY COURT Court Clerk The matter went unresolved and Plaintiff filed a motion to compel further responses on June 30, 2021. 3 UNIFIED FAMILY COURT 12 REQUEST FOR ORDER FOR CHANGE OF VISITATION 2 COUNTY OF SAN FRANCISCO ) 6 WYNTER HICKS, ) Case Number: FDV-22-816138 The advantage of filing in Los Angeles County Superior Court is the convenient access to the court for individuals living in southern California. 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 . 11 ) ) ) Therefore, the Court cannot find that UPA has waived their objections. 7 Petitioner ) Hearing Date: January 5, 2023 ), As to negligent infliction of emotional distress, courts have articulated that thenegligentcausing of emotional distress is not an independent tort but the tort ofnegligence. (Marlene F. v. Affiliated Psychiatric Medical Clinic, Inc.(1989) 48 Cal.3d 583, 588 citing 6 Witkin, Summary of Cal. As the default is void for lack of jurisdiction over the Defendant in his individual capacity, the default does bear correcting and Defendant is entitled to his relief to that limited degree. D. Fifth Cause of Action - Intentional Infliction of Emotional Distress, SRMH asserts the cause of action for intentional infliction of emotional distress should not proceed because Plaintiff failed to allege facts to support his claim Defendant intentionally acted in an extreme or outrageous manner that resulted in the Plaintiffs emotional distress. (MP&A p. ) Appleton v. Superior Court(1988) 206 Cal.App.3d 632, 636; Allen-Pacific, Ltd. v. Sup.Ct. ) Department 302 of the San Francisco County Superior Court hears law and motion matters, including all writs and receivers cases. 5 It is clear that the Court has no jurisdiction over Defendant as an individual. ) You may also call or email the department. Consequently, Trellis makes the information and legal analyses contained in San Francisco County County tentative rulings searchable for attorneys, parties, and the public. SRMH also moves to strike portions of the complaint, specifically the prayer for attorney fees and cost of suit as well as irrelevant references to careless, reckless, wanton, unlawful, offensive, and grossly negligent conduct.. 7 Petitioner ) Hearing Date: January 10, 2023 11 ) 10 Respondent ) Presiding: JUDITH HARDING 6 YERAY LARA MARTIN, ) Case Number: FDI-22-795874 A party filing a motion, except for a motion listed in rule 3.1114, must serve and file a supporting memorandum. ) 9 VADIM V NISENBAUM, ) Department: 404 ) 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. Failure to verify responses is equivalent to serving no responses at all. 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. 9 DEVENE TOBIE, ) Department: 403 3 UNIFIED FAMILY COURT 7 Petitioner ) Hearing Date: January 12, 2023 ) 12 REVIEW HEARING ON STATUS OF CHILD'S THERA 2 COUNTY OF SAN FRANCISCO ) 9 JEFFREY T PASHALIDES, ) Department: 404 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. The Motion is DENIED. 12 REQUEST FOR ORDER FOR CHANGE OF VIS 2 COUNTY OF SAN FRANCISCO Ct. (Marshalls of CA, LLC) (2017) 3 Cal. 12 REVIEW HEARING ON PARENT 2 COUNTY OF SAN FRANCISCO A motion to strike may attack any irrelevant, false, or improper matter in any pleading, or to strike a pleading that is not drawn or filed in conformity with the laws of this state. (CCP 436.) ) ) 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. 10 Respondent ) Presiding: DANIEL FLORES 8 VS. ) Hearing Time: 9:00 AM Local Rule 8.1 provides a detailed description of the types of motions that are heard in the Law and . 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. 5 Medical information regarding Joes condition and Plaintiffs need for accommodation to account for it is clearly relevant, even directly relevant, to this litigation. 6 NEHA DUA BREJA, ) Case Number: FDI-21-795427 ) Guide Civ. 11 ) Code 3294. Plaintiffs request for sanctions is GRANTED. ) 10 Respondent ) Presiding: MARIA EVANGELISTA ) ) The requirements for proposed orders, including the requirements for submitting proposed orders by electronic means, are stated in rule 3.1312. ) Experience. Ibid. ) SKPKOAs counsel Summer Smith appeared at the hearing and argued against the motion. ) 3 UNIFIED FAMILY COURT 11 ) 3 UNIFIED FAMILY COURT 9 KENIA MELISSA ELVIR, ) Department: 403 ) 8 VS. ) Hearing Time: 9:00 AM 6 CESAR ALDERERETE, ) Case Number: FLD-22-396959 ) Plaintiffs motion was granted by the Court as to all requests, and monetary sanctions were imposed. ) ) 8 See Petitioners Notice of Related Case filed July 31, 2021. 12 OTHER REVIEW HEARING 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. 10 Respondent ) Presiding: DANIEL FLORES 12 REQUEST FOR ORDER FOR CHANGE OF CHILD CU 2 COUNTY OF SAN FRANCISCO 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. The Hon. ) The court is unable to discern of SRMH wishes to strike only the words listed, whether it wishes the court to strike all such words, or whether it asks the court to strike broader allegations which SRMH claims falls within the meaning of the words used. 10 Respondent ) Presiding: MARIA EVANGELISTA 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. ) Hours: Monday - Friday: 8:00 a.m. - 4:00 p.m. Dawes, supra, 111 Cal.App.3d at 90. 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. Based on the foregoing, Plaintiffs motion is MOOT. 8 VS. ) Hearing Time: 9:00 AM 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. 10 Respondent ) Presiding: MARIA EVANGELISTA ) 8 VS. ) Hearing Time: 9:00 AM After a case is lost at the administrative level, usually due to an order of license revocation by a board, bureau, agency or department, that decision can be appealed by filing a petition for writ of administrative mandamus. 11 ) ) 11 ) ) 8 VS. ) Hearing Time: 9:00 AM ) 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. 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 court must rule on the motion as if the party had appeared. ) The Motion is GRANTED. 3 UNIFIED FAMILY COURT ) 6 JENNIFER PUENTE, ) Case Number: FDI-19-792728 3 UNIFIED FAMILY COURT ) Generally, a courts power to amend judgment is very limited unless the error in the judgment was clerical. CCP section 473(d); 7 Witkin, Cal.Proc. 8 VS. ) Hearing Time: 9:00 AM 5 All hearings will be conducted remotely by CourtCall or by videoconference. Dept. ) 8 VS. ) Hearing Time: 9:00 AM 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). 9:1-3.). ) You have reviewed and understand the law and motion rules of your assigned Civil department. ) ) If papers are served by personal service, service must be made at least 16 court days before the hearing. 11 ) 3 UNIFIED FAMILY COURT 6 COUNTY OF SAN FRANCISCO, ) Case Number: FCS-22-355607 3 UNIFIED FAMILY COURT ) ) 8 VS. ) Hearing Time: 9:00 AM 7 Petitioner ) Hearing Date: December 22, 2022 5 13 TE 2 COUNTY OF SAN FRANCISCO 5 However, when a plaintiff suffers a single personal injury by reason of the wrongful act of a defendant, there is ordinarily only one cause of action. ) 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 3 UNIFIED FAMILY COURT 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. (i) effective January 1, 2008; previously amended effective July 1, 1997, July 1, 2011, and January 1, 2016.). 7 Petitioner ) Hearing Date: January 5, 2023 8 VS. ) Hearing Time: 9:00 AM When a party contends that an action has been brought in the wrong court, i.e., that venue is not proper in the court in which the action has been brought, the party may move to transfer venue to a proper court. ) Karston Industries, Inc. v. Sup. 6 JULIE ANN ALBAY, ) Case Number: FMS-21-387354 11 ) ) 8 VS. ) Hearing Time: 9:00 AM UPA served the original responses to the same RPODs and FIs months prior. ) ) ) 10 Respondent ) Presiding: JUDITH HARDING 7 Petitioner ) Hearing Date: January 12, 2023 8 VS. ) Hearing Time: 9:00 AM 11 ) Clickherefor more information about tentative rulings. 6 ALLEN SANCHEZ II, ) Case Number: FDI-13-779930 ) ) 10 Respondent ) Presiding: DANIEL FLORES (2) If a California case is cited before the time it is published in the advance sheets of the Official Reports, the party must include the title, case number, date of decision, and, if from the Court of Appeal, district of the Court of Appeal in which the case was decided. 7 Petitioner ) Hearing Date: January 12, 2023 3 UNIFIED FAMILY COURT Civic Center Courthouse 3 UNIFIED FAMILY COURT 11 ) ) 5 ) 3 UNIFIED FAMILY COURT 11 ) H. Eleventh Cause of Action - Punitive Damages. 3 UNIFIED FAMILY COURT He alleges that this has resulted in permanent injuries. 5 As such, any venue determinations are properly derived under that section of the CCP. ) CCP 2031.050 (a)-(b). The court DENIES the motion. Defendants counsel shall submit a written order to the court consistent with this ruling and in compliance with California Rules of Court, Rule 3.1312. JURORS to reschedule your jury service without coming to court, click here. Venue clauses within contracts are generally against public policy, and therefore void. Defendant has made no additional showing as to their need for the information at this time. ) 12 REQUEST FOR ORDER RE: REIMBURSEMENT OF CHILD EXPENS 2 COUNTY OF SAN FRANCISCO Plaintiffs have provided no authority to the contrary. 8 VS. ) Hearing Time: 9:00 AM But this is a legal impossibility: a defendant has onlyoneduty, measured byonestandard of care, under any given circumstances. (Ibid. 11 ) 7 Petitioner ) Hearing Date: January 3, 2023 3 UNIFIED FAMILY COURT 6 JOSE CARLOS SALAS PILLACA, ) Case Number: FDI-20-793011 10 Respondent ) Presiding: MARIA EVANGELISTA ) 8 VS. ) Hearing Time: 9:00 AM It is within the Courts discretion to consider late filings. ) 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. 8 VS. ) Hearing Time: 9:00 AM 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. 6 JOHN FRANCIS DYNIA, ) Case Number: FDI-20-794180 6 NAOMI ASSARAF, ) Case Number: FDI-19-792611 ) When an arbitration occurs in only one county, that county is the proper venue for motions to vacate the arbitration award. 3 UNIFIED FAMILY COURT ) See, e.g. ) All references to exhibits or declarations in supporting or opposing papers must reference the number or letter of the exhibit, the specific page, and, if applicable, the paragraph or line number. 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. 6 JESSE H KONIUK, ) Case Number: FDI-21-794578 10 Respondent ) Presiding: MARIA EVANGELISTA A Practice Limited to Licenses and Regulatory Law. ) 3 UNIFIED FAMILY COURT 12 REQUEST FOR ORDER BIFURCATION FOR STATUS ONLY D 2 COUNTY OF SAN FRANCISCO 7 Petitioner ) Hearing Date: January 10, 2023 The Court clearly has jurisdiction over Defendant as trustee, as he is properly named in the FAC, he is properly served, and he is adequately named in the default in this capacity. (415) 551-3750, Judge Susan M. Breall Attn: Appellate Court Services. To see department rules regarding virtual hearings, as well as virtual hearing instructions, please . 3 UNIFIED FAMILY COURT 10 Respondent ) Presiding: MARIA EVANGELISTA 7 Petitioner ) Hearing Date: January 17, 2023 Central Court, 800 North Humboldt, San Mateo. CCP . 6 HILL M PASHALIDES, ) Case Number: FDI-20-793829 (Civil Case Coordination) 455 Golden Gate Avenue, 5th Floor. 5 The page number may be suppressed and need not appear on the first page. As a result, Defendants willfully, knowingly, and with a conscious disregard for the safety of others, undertook the tortious conduct. If all parties agree in writing, you may request that the Court rule on your filed noticed motion without a hearing on the Civil Law & Motion Calendars: Monday Limited Civil Law and Motion Department 13 at 9:05 am; Friday Civil Law and Motion Department 14 at 9:00 am; Friday Civil Law and Motion Department 15 at 9:00 am; Tuesday Civil Complex . **. 12 RECEIPT OF TIER II REPORT, SUMMER/HOLIDAY 2 COUNTY OF SAN FRANCISCO 7 Petitioner ) Hearing Date: January 5, 2023 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. ) 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. 9 EDGAR R GUZMAN, ) Department: 403 ) 8 VS. ) Hearing Time: 9:00 AM CRC 3.1304(c) and (d) (amended eff 1/1/16) > > Read More.. NEW RULE AMENDMENTS EFFECTIVE APRIL 1 . 3 COUNTY OF SAN FRANCISCO 10 Respondent ) Presiding: MARIA EVANGELISTA The Court is unconvinced that issue sanctions are matters of default as defined under the statute. 3 UNIFIED FAMILY COURT This matter is on calendar for the motion by Respondent to change venue to Fresno County pursuant to CCP 396b(a) and 1292.2. San Francisco, CA 94102 (Subd (h) amended effective January 1, 2017; adopted as subd (e) effective July 1, 2000; previously amended and relettered as subd (f) effective January 1, 2004, and as subd (h) effective January 1, 2007.). 3 UNIFIED FAMILY COURT 8 VS. ) Hearing Time: 9:00 AM 9 ZHEFEI HERBIE FU, ) Department: 403 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. 8 VS. ) Hearing Time: 9:00 AM ) ) ) ) 3 UNIFIED FAMILY COURT 12 OTHER REVIEW HEARING 9 JUAN J CRUZ, ) Department: 403 8 VS. ) Hearing Time: 9:00 AM 13 TENTATIVE RULING 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. 5 9 BOHDANNA M KESALA, ) Department: 403 6 XINYI VENTALI TAN, ) Case Number: FDV-22-816325 8 VS. ) Hearing Time: 9:00 AM 6 GISELA CHRISTINE MARQUEZ GELLIDON, ) Case Number: FDI-22-796947 ) Except in a summary judgment or summary adjudication motion, no opening or responding memorandum may exceed 15 pages. CCP 1292.2. 3 UNIFIED FAMILY COURT 4 10 ) 5 3 UNIFIED FAMILY COURT 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. ) ) 8 VS. ) Hearing Time: 9:00 AM A motion to strike may be based on failure to comply with form or procedures applicable to pleadings. (SeePanos v. Great Western Packing Co. (1943) 21 Cal.2d 636, 638.) ) 10 Respondent ) Presiding: DANIEL FLORES 7 Petitioner ) Hearing Date: December 29, 2022 12 REQUEST FOR ORDER RE: CHANGE OF SPOUSAL OR PA 2 COUNTY OF SAN FRANCISCO 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. Defendant is not named as an individual in the FAC, he is only named in his capacity as a trustee. 7. 5 ) january 18, 2023 law and motion calendar page 9 judge: honorable marie s. weiner, department 2 _____ 2:00 21-udl-00401 are-san francisco no. 11 ) Associate: Heller, Ehrman, White & McAuliffe: San Francisco County, California: Attorney: Law Offices of Harold E. Kahn: San Francisco County, California: Education . Valley Bank of Nevada, supra, 15 Cal.3d 658. Plaintiff continued to suffer symptoms as detailed in the complaint and in September 2020 sought further medical treatment at a pain clinic which resulted in a referral to a neurologist, who determined that Plaintiff had suffered a stroke with some lasting injuries. Strategic discovery abuses are not a proper basis for mandatory relief. ) If in electronic form, the copy must be electronically bookmarked as required by rule 3.1110(f)(4). 10 Respondent ) Presiding: DANIEL FLORES Sanctions are mandatory under the CCP for discovery abuses, absent substantial justification. 7 Petitioner ) Hearing Date: January 12, 2023 5th 531, 557 & fn. 10 Respondent ) Presiding: MARIA EVANGELISTA If in paper form, the authority must be tabbed or separated as required by rule 3.1110(f)(3). Donna Guillory 8]. ) ) ) See below for additional requirements for unlawful detainers and other civil cases. 12 REVIEW HEARING RE: PARENTING TIME, PR 2 COUNTY OF SAN FRANCISCO 3 UNIFIED FAMILY COURT ) Joseph Winer (Winer), in order to determine the validity of Plaintiffs claims that Joes condition warranted the requested accommodation. ) Time of Hearing. Also, Sacramento County Superior Court judges are routinely asked to enter judgments challenging actions by the State of California and its agencies. ) 8 VS. ) Hearing Time: 9:00 AM CCP sections 1985.3(g), 1985.6(f)(4). ), 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. 7 Petitioner ) Hearing Date: January 10, 2023 3 UNIFIED FAMILY COURT 9 JOSE A MARTINEZ, ) Department: 403 ) ) ) ) 3 UNIFIED FAMILY COURT 9 JAMAL HASSON LYNCH, ) Department: 404 ) 3 UNIFIED FAMILY COURT 10 Respondent ) Presiding: MARIA EVANGELISTA 12 REQUEST FOR ORDER: ATTY FEES/COSTS, ADVANCE 2 COUNTY OF SAN FRANCISCO 12 REQUEST FOR ORDER FOR CHANGE 2 COUNTY OF SAN FRANCISCO Accordingly, as a matter of law Plaintiff may not recover under both a cause of action for medical malpractice and negligence. 7 Petitioner ) Hearing Date: January 5, 2023 9 VS. ) Hearing Time: 9:00 AM ) Plaintiffs have not placed adequate information before the Court for there to be a finding of waiver. ) (415) 551-5910, Court Supervisor - Office Staff (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. 6 JUSTIN GUERRERO-HOBBS, ) Case Number: FMS-17-386976 ) (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. ) ) 3 UNIFIED FAMILY COURT This matter is on calendar for Plaintiffs motion to compel answers to supplemental form interrogatories (FIs) and supplemental requests for production of documents (RPODs) against UPA under Code of Civil Procedure (CCP) 2030.290, 2031.300. 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