7 Petitioner ) Hearing Date: December 29, 2022 Law (9th ed. See, e.g. ) ) Criminal records are not available online. 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. ) ) ) The court must rule on the motion as if the party had appeared. Court Clerk 11 ) ) 8 VS. ) Hearing Time: 9:00 AM 7 Petitioner ) Hearing Date: January 10, 2023 12 REQUEST FOR ORDER RE: ATTORNEY FEES AND COSTS, 2 COUNTY OF SAN FRANCISCO ) ) ) ) SKPKOAs counsel Summer Smith appeared at the hearing and argued against the motion. ) ) ) It is first worth noting that Defendants memorandum of points and authorities requests to strike surplusage from multiple paragraphs, but this request is not enumerated as required under California Rule of Court, Rule 3.1322. List of San Mateo Superior Court Civil Judges and information on Civil Direct Calendars Print 12 DOMESTIC VIOLENCE Z; REQUEST FOR ORDER R 2 COUNTY OF SAN FRANCISCO 3 UNIFIED FAMILY COURT See CCP 437. Ct. (Marshalls of CA, LLC) (2017) 3 Cal. Failure to verify responses is equivalent to serving no responses at all. ) 11 ) 3 UNIFIED FAMILY COURT (CRC 3.1322.) 3 UNIFIED FAMILY COURT ) 9 SHUMPEI KAWASAKI, ) Department: 404 A memorandum that exceeds 10 pages must include a table of contents and a table of authorities. The court should consider 1) the purpose of the information sought; 2) the effect that disclosure will have on the parties and the trial; 3) the nature of the objections to disclosure; 4) whether the court may make an alternative order granting partial disclosure, disclosure in another form, or disclosure only if the party seeking the information undertakes certain appropriate burdens. (See Saunders, supra, 224 Cal.App.3d at p. ) 11 ) ) Civic Center Courthouse 12 REQUEST FOR ORDER RE: DETERMINATION OF PREVAILI 2 COUNTY OF SAN FRANCISCO 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. 3 UNIFIED FAMILY COURT 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. (1978) 20 Cal.3d 844, 859-862. 13 REQUEST FOR ORDER RE REQUEST FOR MONETARY A 2 COUNTY OF SAN FRANCISCO See Cal Rule of Court, Rule 3.1300 (d). 6 CHRISTINA NGUYEN SOOHOO, ) Case Number: FDI-22-796897 9 VADIM V NISENBAUM, ) Department: 404 Here, the facts plead under this cause of action may also support Plaintiffs prior plead cause of action for medical malpractice. ) ) ) ) ) 7 KEVIN MCHUGH, ) Case Number: FDI-11-774708 Local Rule 8 governs the procedures for petitions for writ of administrative mandamus. (415) 551-5910, Court Supervisor - Office Staff ) 7 Petitioner ) Hearing Date: December 22, 2022 9 THABITI HAYES, ) Department: 404 Plaintiff served SFPKOA with form interrogatories, requests for admissions, special interrogatories, and requests for production of documents on April 14, 2021. ) Dawes, supra, 111 Cal.App.3d at 90. Law and Motion (559) 457 . 5 9 DANIEL ANTHONY LEYVA, ) Department: 404 ) 9 EDGAR R GUZMAN, ) Department: 403 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. Demurrer is sustained, in part, and overruled, in part. ) 13 TENTATIVE R 2 COUNTY OF SAN FRANCISCO 9 ANDREW WIECKS, ) Department: 404 Respondent filed Fresno County Court Case 20CECL04302 on August 17, 2020. 9 XUE YING YANG, ) Department: 403 6 RACHAEL LOHREY, ) Case Number: FMS-21-387368 ) 6 JASON A YURASEK, ) Case Number: FDI-12-778342 Most of the petitions for writs of administrative mandamus filed against State of California licensing agencies are heard in Sacramento County Superior Court. 8 VS. ) Hearing Time: 9:00 AM 11 ) You may also call or email the department. ) Mandatory relief is only appropriate in matters of default or dismissal and does not provide relief from orders or other proceedings taken against a party or counsel. Leader v. Health Industries of America, Inc.(2001) 89 Cal.App.4th 603, 616, quoting CCP 473(b). 9 PETER AVRITCH, ) Department: 404 ) 8 VS. ) Hearing Time: 9:00 AM 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. 10 Respondent ) Presiding: DANIEL FLORES 9 ANNE DOLLARD, ) Department: 404 ) 10 Respondent ) Presiding: MARJORIE SLABACH ) 5 5 ) With this limitation, the court GRANTS the requests for judicial notice. 12 REQUEST FOR ORDER FOR CHANGE OF VISITATION 2 COUNTY OF SAN FRANCISCO However, this tentative ruling information is usually taken down from the court's website after several days or weeks. Guide to the San Francisco Superior Court. Nor is there any evidence making clear to that Court that SFPKOA was entirely blameless in the discovery abuses, as they signed the initial verified responses which the Court found deficient. JURORS to reschedule your jury service without coming to court, click here. (Central Pathology Service Med. CCP 2031.210(a). 3 UNIFIED FAMILY COURT Civic Center Courthouse Medical information regarding Joes condition and Plaintiffs need for accommodation to account for it is clearly relevant, even directly relevant, to this litigation. Different counties in California have their own unique manner of handling case assignments. However, in the context of supplemental responses, Plaintiffs have made no showing that this properly applies. In every case, to present a motion to the court, a party must: A party must give notice of the hearing as required by law. 11 ) 9 JEFFREY T PASHALIDES, ) Department: 404 12 REQUEST FOR ORDER FOR CHANGE OF CHI 2 COUNTY OF SAN FRANCISCO Defendant moves the court to compel Kaiser and Winer to produce Joes subpoenaed medical records. 6 TINA MARIE BATARA SEVERSON, ) Case Number: FDI-14-781472 ) 10 Respondent ) Presiding: JUDITH HARDING 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. ) His life and legacy. ) [G]iven the private nature of a confidential settlement of a lawsuit, the burden rests on the proponents of discovery of this information to justify compelling production of this material. 8 VS. ) Hearing Time: 9:00 AM ) 7 Petitioner ) Hearing Date: December 27, 2022 ) ) 9 VIDA YEUNG-SHUMSKAS, ) Department: 404 The motion is largely, and fatally, defective in presenting the portions of the complaint which SRMH asks the court to strike. 8 ) ) ) ) Based on the foregoing, the Motion is GRANTED. 14 2 COUNTY OF SAN FRANCISCO ) ) ) 11 ) 11 ) 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. ) 12 REQUEST FOR ORDER BIFURCATION FOR STATUS ONLY D 2 COUNTY OF SAN FRANCISCO 10 Respondent ) Presiding: MARIA EVANGELISTA 8 VS. ) Hearing Time: 9:00 AM 10 Respondent ) Presiding: JUDITH HARDING ) 100 ) 7 Petitioner ) Hearing Date: January 10, 2023 Plaintiff seeks $1,500 for two motions, representing expended attorney time and fees. ) 6 PHILLIP ELLESTON, ) Case Number: FDI-12-777999 ) 3 UNIFIED FAMILY COURT ) ) 12 REQUEST FOR ORDER RE: ATTORNEY FEES AND C 2 COUNTY OF SAN FRANCISCO He claims that Defendants negligently or intentionally disregarded signs of a stroke or other serious problem, either due to negligence or intentionally in order to avoid further treating Plaintiff because he was a recipient of Medi-Cal. give notice of the hearing date as required by law. 8 VS. ) Hearing Time: 9:00 AM See Appleton v. Superior Court (1988) 206 Cal.App.3d 632, 635,636. 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. 5 Commercial Casualty Ins. 9 JORGE ESPINAL-NUNEZ, ) Department: 403 3 UNIFIED FAMILY COURT ) 9 ADAM SCHLIFKE, ) Department: 404 ) 11 ) The advantage of filing in Los Angeles County Superior Court is the convenient access to the court for individuals living in southern California. ) A contract is entered into where acceptance occurred. ) 8 VS. ) Hearing Time: 9:00 AM 11 ) 8 VS. ) Hearing Time: 9:00 AM ) ) ) 13 REQUEST FOR ORDER FOR CHANGE OF CHILD CUSTODY, V 2 COUNTY OF SAN FRANCISCO 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. are-san francisco no. ) (Subd (e) amended and relettered effective January 1, 2004; adopted as part of subd (d).). 12 REQUEST FOR ORDER RE: SALE OF REAL PROPERTY TO PAY 2 COUNTY OF SAN FRANCISCO 7 Petitioner ) Hearing Date: January 12, 2023 And punitive damages may be stricken where the facts alleged do not rise to the level of malice, fraud or oppression required to support a punitive damages award. 3 UNIFIED FAMILY COURT A motion to strike is also properly directed to unauthorized claims for damages, meaning damages which are not allowable as a matter of law. 9 ASHLEY ELISABETH COLAGROSS, ) Department: 404 10 Respondent ) Presiding: MARIA EVANGELISTA To the extent practicable, all supporting memorandums and declarations must be attached to the notice of motion. ) 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. ) 5 10 Respondent ) Presiding: MARIA EVANGELISTA The court may, upon any terms as may be just, relieve a party or his or her legal representative from a judgment, dismissal, order, or other proceeding taken against him or her through his or her mistake, inadvertence, surprise, or excusable neglect. 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). ) ) 9 WARREN W. PRINGLE III, ) Department: 403 10 Respondent ) Presiding: DANIEL FLORES 11 ) See CCP 2030.290; see also Sinaiko Healthcare Consulting, Inc. v. Pacific Healthcare Consultants(2007) 148 Cal.App.4th 390, 411; contra CCP 2030.300 (b-c) (a motion to compel further shall include a meet and confer declaration and shall be filed within 45 days of service of the unsatisfactory response). Events. Huh v. Wang(2007) 158 Cal.App.4th 1406, 1423. Defendant points out on reply that Plaintiffs opposition was late. 10 Respondent ) Presiding: DANIEL FLORES 10 Respondent ) Presiding: MARIA EVANGELISTA You will lose the information in your envelope. 10 RICHARD K TANG, ) Department: 403 District 1 Sandra Lee FewerDistrict 2 Catherine StefaniDistrict 3 Aaron PeskinDistrict 4 Gordon MarDistrict 5 Dean PrestonDistrict 6 Matt HaneyDistrict 7 Norman YeeDistrict 8 Rafael MandelmanDistrict 9 Hillary RonenDistrict 10 Shamann WaltonDistrict 11 Ahsha Safai, Office of the City Administrator City Hall, Room 362 1 Dr. Carlton B. Goodlett Place San Francisco, CA 94102. ) In its finding the Supreme Court stated, in relevant part, [t]his analysis [by the Court of Appeal] necessarily implies that the same factual predicate can give rise to two independent obligations to exercise due care according to two different standards. The requirements for proposed orders, including the requirements for submitting proposed orders by electronic means, are stated in rule 3.1312. 7 Petitioner ) Hearing Date: December 29, 2022 11 ) ) 5 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. ) CCP 1292(a) & 1292.2. ) CCP 2030.300(c) (relating to interrogatories), and CCP 2031.310(c) (relating to requests for production of documents) each provide 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. The purpose of monetary sanctions is to mitigate the effects of the necessity of discovery motions and responses on the prevailing party. 11 ) 6 DANIEL SIEGLER, ) Case Number: FDI-20-794099 500, Attorneys may practice Federal Administrative Law and represent an individual located outside of California within the parameters of Federal Administrative Law. 10 Respondent ) Presiding: DANIEL FLORES 8 VS. ) Hearing Time: 9:00 AM However,appearances by Zoom are STRONGLY encouraged. ) Plaintiff complains that he has suffered permanent injuries because of Defendants negligent or intentional failure to diagnose and treat him properly when he sought medical care at Defendant Santa Rosa Memorial Hospital (SRMH) on April 6, 2020. 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. 7 Petitioner ) Hearing Date: January 12, 2023 7 Petitioner ) Hearing Date: January 17, 2023 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. 7 Petitioner ) Hearing Date: December 22, 2022 ) 11 ) South San Francisco, CA 94080 . 6 DARIA DOGALAKOVA, ) Case Number: FDV-21-815634 For Case Management Conferences, Law and Motion hearings, and Ex Parte hearings, parties may appear remotely pursuant to Civil Code of Procedure section 367.75 and California Rule of Court, rule 3.672. . 8 VS. ) Hearing Time: 9:00 AM 10 Respondent ) Presiding: DANIEL FLORES ) 3 UNIFIED FAMILY COURT 5 ) 8 VS. ) Hearing Time: 9:00 AM 10 Respondent ) Presiding: DANIEL FLORES ) 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. 10 FREDRICK A REED, ) Department: 404 6 ANDREW KOKLIONG GAN, ) Case Number: FDI-16-785159 (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.). 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. 5 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). ) The largest division in the San Francisco Superior Court, the Civil Division conducts civil trials and manages civil filings, records, small claims cases, appeals, probate matters, unlawful detainers, defaults, case management, dispute resolution, name changes, and civil restraining orders to prevent harassment and elder abuse. 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