9 DANIEL ANTHONY LEYVA, ) Department: 404 5 ) Service to the other party or their lawyer may be done either by mail or in person. ) ) 4 UNIFIED FAMILY COURT ) 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. ) ) Code 3294. ) 11 ) 9 LORENA HERNANDEZ, ) Department: 403 5 ) ) 5 ) Defendant alleges, and the filings show, that the default was entered as to Defendant both as an individual, and Trustee. Based on the foregoing, Plaintiffs motion is MOOT. CRC 3.1304(c) and (d) (amended eff 1/1/16) > > Read More.. NEW RULE AMENDMENTS EFFECTIVE APRIL 1 . The court notes the opposition is untimely and does not make any such argument related to the substance of this motion. ) Paralegal Manual, San Francisco Probate Court, Self-Represented Guardianship Program (Prepared by the Superior Court of California, County . There is no requirement that the failure to comply with discovery be willful for the court to impose monetary sanctions. Respondent filed Fresno County Court Case 20CECL04302 on August 17, 2020. 6 HILL M PASHALIDES, ) Case Number: FDI-20-793829 DEPARTMENT 22 TENTATIVE RULINGS FOR NON-COMPLEX CASE S. ) 11 ) ) (MP&A pp. 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. 3 UNIFIED FAMILY COURT ), A. ) ) 3 UNIFIED FAMILY COURT 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. Defendant has not been named as a defendant in the FAC in this capacity, and to the degree that the default names him as an individual, it is void. ) Room 402 (415) 551-3900, 8:30 a.m. - 12:30p.m. Monday - Friday (excluding Court holidays), 2023 Superior Court of California - County of San Francisco, Caf at Civic Center Courthouse - Starchef, Information Regarding Coronavirus and Court Operations, Family Law Facilitator/Family Law Self-Help Center, California Courts Self-Help/Divorce or Separation. 7 Petitioner ) Hearing Date: January 10, 2023 A motion to strike may be based on failure to comply with form or procedures applicable to pleadings. All limited and unlimited jurisdiction matters are heard in Department 302 at 9:30 a.m. Monday through Friday. 9 TONYA ELLESTON, ) Department: 404 However, Defendant has provided no authority or showing that the default is void in total. 12 REQUEST FOR ORDER FOR CHANGE OF CHILD 2 COUNTY OF SAN FRANCISCO 11 ) ) 12 REQUEST FOR ORDER RE: ENFORCE RESPONDE 2 COUNTY OF SAN FRANCISCO Your recipients will receive an email with this envelope shortly and ) 5 ) 3 UNIFIED FAMILY COURT ) ) 8 VS. ) Hearing Time: 9:00 AM ) ) The comment period will run from September 14, 2022 through October 28, 2022. ) A plaintiff may not in the original complaint request punitive damages in an action for damages arising out of the professional negligence of a health care provider, and must move the court for leave to amend to include such a request based on a substantial probability that the plaintiff will prevail on the claim pursuant to Section 3294 of the Civil Code. (CCP 425.13.) The court may take judicial notice of court records of this state. ) 9 VS. ) Hearing Time: 9:00 AM 12 REQUEST FOR ORDER OF REQUEST FOR ORDER 2 COUNTY OF SAN FRANCISCO 2 COUNTY OF SAN FRANCISCO 12 OTHER REVIEW HEARING The opposition and the reply both merit consideration. ) Before filing a demurrer, the demurring or moving party is required to meet and confer with the party who filed the pleading demurred to for the purposes of determining whether an agreement can be reached through a filing of an amended pleading that would resolve the objections to be raised in the demurrer. ) 2 COUNTY OF SAN FRANCISCO The Court therefore entered issue sanctions and evidence sanctions. 9 THEODORE LAMONT DYNIA, ) Department: 403 Petitions to compromise the claim of a minor or incompetent person are assigned to Judge Alyson L. Lewis in Department 34. However, merely pleading that a defendant was intoxicated at the time of the accident, without something more, is not alone adequate basis for punitive damages. Legal advertisement. **This is the end of the Tentative Rulings. ) 5 **. This defect is capable of remedy through amendment. ) 13 TENTATIVE RULING ANNOUNCEMENT OF EMERGENCY FAMILY COURT OPERATIONS, EFFECTIVE MARCH 24, 2020, COVID-19 Modifying Child Support Information, JudgeMonica F. Wiley, Supervising Judge 13 REQUEST FOR ORDER FOR CHANGE OF CHILD CUSTODY, V 2 COUNTY OF SAN FRANCISCO Law and motion and ex parte applications in a direct calendar case are heard in the department to which the case was assigned. Although this is a single department hearing many types of law and motion cases, Department 302 has decided many important petitions for writ of administrative mandamus. Parties shall submit petitions and proposed orders . ) 9 HASSEL GONZALEZ, ) Department: 403 10 Respondent ) Presiding: MARIA EVANGELISTA 10 Respondent ) Presiding: MARIA EVANGELISTA Plaintiff alleges eleven causes of action. Hours: Monday - Friday: 8:00 a.m. - 4:00 p.m. ) ) 9 CYRUS YAMIN, ) Department: 404 Lang v. Hochman(2000) 77 Cal.App.4th 1225, 1248. 11 ) 7 Petitioner ) Hearing Date: January 10, 2023 3 UNIFIED FAMILY COURT 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. 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). ) Valley Bank of Nevada v. Sup.Ct. 5 (SeePanos v. Great Western Packing Co. (1943) 21 Cal.2d 636, 638.) 7 Petitioner ) Hearing Date: December 22, 2022 ) Thedemurreris therefore SUSTAINED with leave to amend as to the fifthcauseofaction. But this is a legal impossibility: a defendant has onlyoneduty, measured byonestandard of care, under any given circumstances. (Ibid. ) 12 REQUEST FOR ORDER RE: SIGN QDRO 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). 8 VS. ) Hearing Time: 9:00 AM ) See, e.g. 5 ) 3 UNIFIED FAMILY COURT 12 REQUEST FOR ORDER OF CHILD CUSTODY; REQUEST FOR O 2 COUNTY OF SAN FRANCISCO 9 PETER AVRITCH, ) Department: 404 Joseph Winer (Winer), in order to determine the validity of Plaintiffs claims that Joes condition warranted the requested accommodation. C. Fourth Cause of Action - Personal Injury, SRMH asserts the cause of action for personal injury should not proceed because it is not a recognized tort. 8 VS. ) Hearing Time: 9:00 AM Com. 11 ) Print | E-mail Departments 403/404 will continue to post tentative rulings scheduling mediations and hearing dates pursuant to San Francisco County Superior Court Local Rule 11.7(D)(3) and . 8 VS. ) Hearing Time: 9:00 AM California Code of Civil Procedure Sections 1005 and 1010 et seq. 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.. 12 REQUEST FOR ORDER: MOTION TO VACATE AND E 2 COUNTY OF SAN FRANCISCO 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. ) ) 3 UNIFIED FAMILY COURT 6 W. BLAKE BAIRD, ) Case Number: FDI-14-780837 ) 8 VS. ) Hearing Time: 9:00 AM ) 5 Here, the facts plead under this cause of action may also support Plaintiffs prior plead cause of action for medical malpractice. ) 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. 11 ) 11 ) 3 UNIFIED FAMILY COURT However, this tentative ruling information is usually taken down from the court's website after several days or weeks. Court Reporter Information The court is no longer providing a court reporter in the Law & Motion Department. ) 5:26.). 3 UNIFIED FAMILY COURT Petitions for writs of administrative mandamus and ex parte applications for stay are usually heard in the writs and receivers department of Superior Court. 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. 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 . 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 [email protected]. All hearings will be conducted remotely by CourtCall or by videoconference. All limited and unlimited jurisdiction matters are heard in Department 302 at 9:30 a.m. Monday through Friday. 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. ) Despite further warning signs and the fact that he needed assistance to leave SRMH, Defendants continued to discharge him without doing more. 3 UNIFIED FAMILY COURT 9 ASHLEY ELISABETH COLAGROSS, ) Department: 404 ) 5 5 10 Respondent ) Presiding: DANIEL FLORES Non-discovery Law and Motion Matters Local Rule 8.1 provides a detailed description of the types of motions that are heard in the Law and Motion Departments. 9 KEVIN OMAR LASTRE, ) Department: 403 5 5 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. 6 NATALIA V KORITSKAYA, ) Case Number: FDI-15-783392 10 Respondent ) Presiding: MARIA EVANGELISTA ) Attn: Appellate Court Services. Code of Civil Procedure (CCP) sections 1985.3(g), 1985.6(f), 1987.1; see also Monarch Healthcare v. Sup.Ct. 11 ) ) 6 JAMES BRAXTON COLAGROSS JR, ) Case Number: FDI-16-786049 5 9 NICA DAWN DESTEFANO, ) Department: 404 8 VS. ) Hearing Time: 9:00 AM 10 Respondent ) Presiding: DANIEL FLORES 8 VS. ) Hearing Time: 9:00 AM 10 Respondent ) Presiding: MARIA EVANGELISTA ) 7 Petitioner ) Hearing Date: January 10, 2023 ) ) 11 Respondent ) Presiding: DANIEL FLORES SRMH asserts they counsel met and conferred in good faith with Plaintiff s, pro per, prior to the filing of this demurrer. 3 UNIFIED FAMILY COURT 11 ) You will lose the information in your envelope. Pursuant to California Rules of Court 10.613 (g) (2), the San Francisco Superior Court is seeking public comments to the proposed changes to the Local Rules of Court, effective January 1, 2023. 8 VS. ) Hearing Time: 9:00 AM ) ) See below for additional requirements for unlawful detainers and other civil cases. ) ) 7 Petitioner ) Hearing Date: December 22, 2022 7 Petitioner ) Hearing Date: January 17, 2023 **Attorneys are only licensed to practice law in California. Writs of Administrative Mandamus in Other Superior Courts. 7 Petitioner ) Hearing Date: December 29, 2022 ) As with demurrers, the policy is to construe pleadings liberally with a view to substantial justice. (CCP 452.) ) Oppression means despicable conduct that subjects a person to cruel and unjust hardship in conscious disregard of that person's rights. ) ) 11 ) Accordingly, the demur to the third cause of action is OVERRULED. ) ) 12 REQUEST FOR ORDER RE: SPOUSAL OR PARTNER S 3 COUNTY OF SAN FRANCISCO It is uncontested that UPA has served supplemental responses at the time of this hearing. The San Francisco Superior Court offers online access to Civil case filings, Tentative Rulings, and pay Traffic citations. Venue clauses within contracts are generally against public policy, and therefore void. Guide Civ. 13 REQUEST FOR ORDER OF CHILD CUS 2 COUNTY OF SAN FRANCISCO 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. ) 3 UNIFIED FAMILY COURT 5 9 THABITI HAYES, ) Department: 404 9 WILLIAM MARSHALL, ) Department: 404 12 OTHER REVIEW HEARING 13 TENTATIVE R 2 COUNTY OF SAN FRANCISCO 8 VS. ) Hearing Time: 9:00 AM 12 REQUEST FOR ORDER RE: AM 2 COUNTY OF SAN FRANCISCO ) 11 Respondent ) Presiding: MARIA EVANGELISTA 7 Petitioner ) Hearing Date: January 5, 2023 7 Petitioner ) Hearing Date: January 5, 2023 8 VS. ) Hearing Time: 9:00 AM 12 REVIEW HEARING ON STATUS OF CHILD'S THERA 2 COUNTY OF SAN FRANCISCO 11 ) Plaintiff seeks $1,500 for two motions, representing expended attorney time and fees. 3 UNIFIED FAMILY COURT ) 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. 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. 12 REQUEST FOR ORDER RE SPOU 3 COUNTY OF SAN FRANCISCO 7 Petitioner ) Hearing Date: January 12, 2023 There is a fee payable for the motion at the time of filing, unless you have a waiver of fee on file. 10 Respondent ) Presiding: MARIA EVANGELISTA ) 12 ) 5 Proc. 10 Respondent ) Presiding: MARIA EVANGELISTA 6 DOUGLAS ELVIRA-CHILIN, ) Case Number: FDI-22-796115 Effective September 6, 2021, unless the court otherwise orders, participants may attend their hearing remotely. Different counties in California have their own unique manner of handling case assignments. This is the Ray & Bishop Difference. To see department rules regarding virtual hearings, as well as virtual hearing instructions, please . 6 RACHAEL LOHREY, ) Case Number: FMS-21-387368 Insight. ) 13 TEN 2 COUNTY OF SAN FRANCISCO 11 ) 8 VS. ) Hearing Time: 9:00 AM 9 LATOJONE JONES, ) Department: 403 See Zamora v. Clayborn Contracting Group, Inc.(2002) 28 Cal.4th 249, 258 (actions falling below the professional standard of care is not excusable neglect as defined under CCP 473(b)). 8 VS. ) Hearing Time: 9:00 AM . 12 REQUEST FOR ORDER OF 1.TH 2 COUNTY OF SAN FRANCISCO ) ) This matter is on calendar for the motion by Plaintiff under Code Civ. ) The California Rules of Court state how to prepare and when to file documents. ) ) (Subd (j) relettered effective January 1, 2008; adopted as subd (f) effective July 1, 1997; previously relettered as subd (g) effective July 1, 2000; previously amended and relettered as subd (i) effective January 1, 2004, and as subd (k) effective January 1, 2007.). 3 UNIFIED FAMILY COURT ) 6 ) CCP sections 1985.3(g), 1985.6(f)(4). 12 OTHER REVIEW HEARING 10 Respondent ) Presiding: MARJORIE SLABACH 3 UNIFIED FAMILY COURT You can also postpone your jury duty electronically, by logging into the jury system using your Juror ID and PIN provided to you on your jury summons. 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. ) 3 UNIFIED FAMILY COURT 6 DANIELLE SCHMID-MAYBACH, ) Case Number: FDI-22-796538 ) 6 CHITRA AKILESWARAN, ) Case Number: FDI-20-793853 ) 3 UNIFIED FAMILY COURT 10 Respondent ) Presiding: MARJORIE SLABACH 3 UNIFIED FAMILY COURT However, timely unverified responses containing both objections and answers may serve to maintain objections. 5 8 VS. ) Hearing Time: 9:00 AM 11 ) The Hon. Accordingly, the demur to the seventh, eight, and tenth causes of action is SUSTAINED without leave to amend. 12 REQUEST FOR ORDER RE: WITHDRAWAL OF APPEARANCE, 2 COUNTY OF SAN FRANCISCO 1.2 and United States Code 5 U.S.C. ) Law and motion and ex parte applications in a direct calendar case are heard in the department to which the case was assigned. Plaintiff Cliff R. Russell (Plaintiff) filed the presently operative first amended complaint (FAC) against defendant Robert J. Russell, trustee of the Robert John Russell Trust (Defendant). 11 ) 10 Respondent ) Presiding: DANIEL FLORES 7 Petitioner ) Hearing Date: January 12, 2023 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. Complaint 13. See below for additional requirements for unlawful detainers and other civil cases. ) The Court heard the Plaintiffs motion for further responses on September 3, 2021. ) (1992) 3 Cal.4th 181, 191.) ) 6 CHRISTOPHER JAMES RIVERS, ) Case Number: FMS-17-387056 When a consumer has served such objections, the party seeking the information has the burden of moving the court to enforce the subpoena. 7 Petitioner ) Hearing Date: January 17, 2023 (Evid. 9 LEEANN JEANETTE BAILEY, ) Department: 403 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 ) Sacramento County Superior Court has four courtrooms that handle petitions for writ of administrative mandamus, Department 24, Department 29, Department 31 and Department 42. 6 ALEXANDRIA DELOZADA, ) Case Number: FLD-16-396426 A contract is entered into where acceptance occurred. However, falsity, must be demonstrated by reference to the pleading itself of judicially noticeable matters, not extraneous facts. 7 Petitioner ) Hearing Date: December 29, 2022 ) ) 11 ) His life and legacy. After extensions, SFPKOA served responses on May 25, 2021. Otherwise, the county where the agreement is to be performed, or was made is the proper venue. 8H-8, Enforcing Demand: 8:1484, 8:1487; contra CCP 2031.310 (b-c) (a motion to compel further shall set forth good cause for the demand and shall be filed within 45 days of service of the unsatisfactory response). 3 UNIFIED FAMILY COURT (1) A judge may require that if any authority other than California cases, statutes, constitutional provisions, or state or local rules is cited, a copy of the authority must be lodged with the papers that cite the authority. ) A petition for coordination and other required documents are submitted to the Chair of the Judicial Council at the following address: Chair, Judicial Council of California. ) 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. (415) 551-5910, Court Supervisor - Office Staff ) San Francisco Superior Court: Clerk phone: +1 (415) 551-3796: Court Reporter: +1 (415) 551-5869 . San Francisco, California 94102-3688. 10 Respondent ) Presiding: DANIEL FLORES 8 VS. ) Hearing Time: 9:00 AM ) 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. Plaintiff provides the physicians note on which Plaintiff was relying in seeking accommodation and this note provides some explanation of Joes condition. Court Clerk G. D. Searle & Co. v. Superior Court(1975) 49 Cal.App.3d 22, 28. [email protected]. 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. 12 REVIEW HEARING ON PARENT 2 COUNTY OF SAN FRANCISCO However, per CCP 1005, Plaintiffs opposition was due nine court days prior to hearing, and Plaintiff filed his opposition only seven days prior. ), 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. 5 9 TIMON KARLEUNG SOOHOO JR, ) Department: 404 9 ANNE DOLLARD, ) Department: 404 3 UNIFIED FAMILY COURT Karston Industries, Inc. v. Sup. ) ) (T)he defaulting party must submit sufficient admissible evidence that the default was actually caused by the attorney's error. Id. Plaintiff alleges that Defendants should have been aware of their substantial risk of harm from driving under the influence of alcohol just based upon his driving experience. 8 VS. ) Hearing Time: 9:00 AM ) Please see Google Maps for a map and directions to the immigration court. 8 The actions undertaken by Ms. Smith are clearly below the standard of care, and SFPKOA make no efforts to argue the contrary. 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. 12 REQUEST FOR ORDER FOR CHANGE OF CHA 2 COUNTY OF SAN FRANCISCO ) However, this tentative ruling information is usually taken down from the court's website after several days or weeks. 12 REQUEST FOR ORDER RE: ATTORNEY FEES AND C 2 COUNTY OF SAN FRANCISCO Room 402 ) 8 Petitioner ) Hearing Date: January 3, 2023 ) ) ) A demurrer tests the pleadings alone and not the evidence or other extrinsic matters. ) 5 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. 5 5 Adding your team is easy in the "Manage Company Users" tab. 3 UNIFIED FAMILY COURT ) 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. Experience. 7 Petitioner ) Hearing Date: January 10, 2023 10 Respondent ) Presiding: DANIEL FLORES Last. ) 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. ) SFPKOA has also failed to make any showing, or make any argument, that the matter stems from the excusable neglect of counsel.
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