12 REQUEST FOR ORDER FOR CHANGE OF VISITATIO 2 COUNTY OF SAN FRANCISCO 9 MARCUS C HOPKINS, ) Department: 403 ) 511 Law & Motion Schedule: Monday and Tuesday at 9:30 a.m. Wednesdays at 1:30 p.m. 6 COUNTY OF SAN FRANCISCO, ) Case Number: FCS-22-355607 ) CCP 2031.050 (a)-(b). 5 Venue clauses within contracts are generally against public policy, and therefore void. 12 REQUEST FOR ORDER FOR CHANGE OF 2 COUNTY OF SAN FRANCISCO 9 SHUMPEI KAWASAKI, ) Department: 404 Untimely responses to discovery requests waive all objections. Civic Center Courthouse ) (See CCP 430.10(e).) 12 REQUEST FOR ORDER: MOTION TO VACATE AND E 2 COUNTY OF SAN FRANCISCO 11 ) ) 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. Leave a message with the following information: Your name, and that you want to appear. 3 UNIFIED FAMILY COURT 3 UNIFIED FAMILY COURT ) If you wish to keep the information in your envelope between pages, However, the court finds these allegations conclusory in nature and lacking with the pleading of particular facts from which the court could infer a conscious disregard for the safety of others. 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. 11 ) B. 10 Respondent ) Presiding: MARIA EVANGELISTA 11 ) Department Hours and Locations Presiding Judge 720 9th Street, 6 th Floor 8:30 a.m. to 12:00 noon and 1:30 p.m. to 4:30 p.m. Law and Motion Department 53 813 6 th Street, 2 nd Floor 12 REQUEST FOR ORDER RE: DETERMINATION OF PREVAILIN 2 COUNTY OF SAN FRANCISCO Mandatory relief is only proper where default or dismissal has been entered as a result of the acts or omissions of the attorney. 6 ROMISEH PAKZADIAN, ) Case Number: FDI-11-774399 5 Hours: Public Hours: 8:00 a.m. - 4:30 p.m. ) ) ) 5 6 SEEMA HAJI, ) Case Number: FDI-16-785594 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 VELJON JEANELLE COMBS, ) Department: 403 6 GISELA CHRISTINE MARQUEZ GELLIDON, ) Case Number: FDI-22-796947 8 VS. ) Hearing Time: 9:00 AM 5 6 ROSANA WIECKS, ) Case Number: FDI-10-771615 A party filing a motion, except for a motion listed in rule 3.1114, must serve and file a supporting memorandum. 3 UNIFIED FAMILY COURT 3 UNIFIED FAMILY COURT 6 JUSTIN GUERRERO-HOBBS, ) Case Number: FMS-17-386976 (3) Upon the request of a party to the action, any party citing any authority other than California cases, statutes, constitutional provisions, or state or local rules must promptly provide a copy of such authority to the requesting party. 12 OTHER REVIEW HEARING; ORDER TO SHOW CAU 2 COUNTY OF SAN FRANCISCO An ex parte hearing is urgent and is requested by one party with short notice to the opposing party. 10 Respondent ) Presiding: MARIA EVANGELISTA This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship. 7 Petitioner ) Hearing Date: January 17, 2023 reserve a hearing date with the applicable department. 9 CRYSTAL HOUSTON SIEGLER, ) Department: 404 9 JEFFREY T PASHALIDES, ) Department: 404 San Francisco County Superior Court Law and Motion Department Department 302 of the San Francisco County Superior Court hears law and motion matters, including all writs and receivers cases. 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. ) 6 COUNTY OF SAN FRANCISCO, ) Case Number: FCS-20-354495 Applications to Stay Evictionscan be filed at any court location that accepts civil filings: - Ren C. Davidson Courthouse (Oakland), and. Despite further warning signs and the fact that he needed assistance to leave SRMH, Defendants continued to discharge him without doing more. Leader v. Health Industries of America, Inc.(2001) 89 Cal.App.4th 603, 616; see also CCP 473(b). (1993) 18 Cal.App.4th 919, 933; see also Britt v. Sup.Ct. 9 HASSEL GONZALEZ, ) Department: 403 5 10 Respondent ) Presiding: JUDITH HARDING Law (9th ed. 5 9 SEAN CHARLSON, ) Department: 403 San Francisco County Superior Court Law and Motion Department. Plaintiff Gloria Aguilera (Plaintiff), filed the complaint against defendants Baltazar Lopez Guzman, Arnulfo Garcia Mendoza (together Defendants) along with Does 1-100, arising out of an automobile related incident (the Complaint). 9 LEEANN JEANETTE BAILEY, ) Department: 403 Turman v. Turning Point of Central Calif., Inc. (2010) 191 Cal.App.4th 53, 63. ) Plaintiffs have provided no authority to the contrary. 11 ) If you desire to appear and present oral argument, YOU MUST NOTIFY Judge Nadler's Judicial Assistant by telephone at (707) 521-6602 and all other opposing parties of your intent to appear, and whether that appearance is in person or via Zoom, no later 4:00 p.m. the court day immediately preceding the day of the hearing. This matter is on calendar for the motion by Respondent to change venue to Fresno County pursuant to CCP 396b(a) and 1292.2. 12 REQUEST FOR ORDER OF REQUEST FOR ORDER 2 COUNTY OF SAN FRANCISCO 9 JAMAL HASSON LYNCH, ) Department: 404 The comment period will run from September 14, 2022 through October 28, 2022. Strategic discovery misconduct resulting in terminating sanctions is not a proper basis for mandatory relief under CCP 473(b). 5 11 ) 7 Petitioner ) Hearing Date: January 10, 2023 5 5 5 9 KEVIN RICHARD DOUGHERTY, ) Department: 404 6 DANIELLE SCHMID-MAYBACH, ) Case Number: FDI-22-796538 10 Respondent ) Presiding: MARIA EVANGELISTA ) Defendant served two subpoenas for Joes medical records, one on Kaiser Permanente (Kaiser) and one on Ds. ) 12 REQUEST FOR ORDER OF CHANGE OF CHILD CUSTODY 2 COUNTY OF SAN FRANCISCO 10 Respondent ) Presiding: JUDITH HARDING ) 11 ) The motion has been rendered MOOT by UPAs subsequent provision of discovery responses. Find electronic and print forms for court and sample legal agreements at the San Francisco Law Library. ) 7 Petitioner ) Hearing Date: December 27, 2022 6 NAOMI ASSARAF, ) Case Number: FDI-19-792611 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 . ) Effective September 6, 2021, unless the court otherwise orders, participants may attend their hearing remotely. 9 CLIFFORD GADYE, ) Department: 404 11 ) 6 SEEMA HAJI, ) Case Number: FDI-16-785594 ) ) 3 UNIFIED FAMILY COURT 6 ADRIAN DOLLARD, ) Case Number: FDI-20-793581 3 UNIFIED FAMILY COURT 5 12 REQUEST FOR ORDER RE: DEFAULT PROVE UP HEARING RE R 2 COUNTY OF SAN FRANCISCO ) ) 12 REQUEST FOR ORDER RE: DETERMINATION OF PREVAILI 2 COUNTY OF SAN FRANCISCO Valley Bank of Nevada, supra, 15 Cal.3d 658. 7 Petitioner ) Hearing Date: December 29, 2022 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. 3 UNIFIED FAMILY COURT ) 10 Respondent ) Presiding: DANIEL FLORES The California Rules of Court state how to prepare and when to file documents. 11 ) The Court held that the Plaintiffs had failed "to show a likelihood of prevailing on their claims." 9 WILLIAM MARSHALL, ) Department: 404 3 UNIFIED FAMILY COURT 9 SIDDHARTH BREJA, ) Department: 404 Local Rule 8 governs the procedures for petitions for writ of administrative mandamus. 5 4 UNIFIED FAMILY COURT This matter arises under the CAA (CCP 1280, et seq.). ) ) Trellis, a legal research platform, aggregates San Francisco County County tentative rulings and all tentative rulings in California. 3 UNIFIED FAMILY COURT ) Department 406 You can always see your envelopes 6 MAURA HUERTA, ) Case Number: FDV-16-812742 9 PATRICIA OJEDA GOMEZ, ) Department: 404 9 ADAM SCHLIFKE, ) Department: 404 Clerk's Office Appointments (Civil or Family), Child Custody, Guardianship and Domestic Violence Recommending Counseling, Pre-grants, Continuances, Drops, & Tentative Rulings, Archived General Orders Regarding COVID-19, Alameda - George E. McDonald Hall of Justice Livestreams, Dublin - East County Hall of Justice Livestreams, Oakland - Administration Building Livestreams, Oakland - Ren C. Davidson Courthouse Livestreams, Oakland - Wiley W. Manuel Courthouse Livestreams, San Leandro - Juvenile Justice Center Livestreams. ) ) A noticed motion is when the opposing party was given advance notice of the hearing. 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. It is uncontested that UPA has served supplemental responses at the time of this hearing. 8 VS. ) Hearing Time: 9:00 AM ) [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. A conscious disregard for the safety of others may constitute malice. All pending and newly filed civil cases are assigned to one of five Civil Judges for all purposes. Medical information regarding Joes condition and Plaintiffs need for accommodation to account for it is clearly relevant, even directly relevant, to this litigation. 5 This defect is capable of remedy through amendment. ) 3 UNIFIED FAMILY COURT 6 DARCELL HENDERSON, ) Case Number: FDI-19-792571 7 Petitioner ) Hearing Date: December 22, 2022 8 VS. ) Hearing Time: 9:00 AM ) They must do more than show the possibility it may lead to relevant information. 11 ) 7 Petitioner ) Hearing Date: January 10, 2023 ) If you are unable to find your San Francisco Family Law dissolution case online, please contact Client Support at 888-529-7587. 5 ) 7 Petitioner ) Hearing Date: January 12, 2023 ) ) When considering demurrers, courts read the allegations liberally and in context. 10 Respondent ) Presiding: DANIEL FLORES 7 Petitioner ) Hearing Date: January 12, 2023 UPA and/or their attorney are to pay $1,500 to Plaintiffs within 30 days of this order. ) 6 CESAR ALDERERETE, ) Case Number: FLD-22-396959 CCP 1292.2. 5 Plaintiff and SFPKOA met and conferred regarding Plaintiffs perceived insufficiencies of the responses. Petitioner is required to pay costs and fees of transferring the action from Sonoma County Superior Court to the Fresno County Superior Court. 10 Respondent ) Presiding: MARIA EVANGELISTA 6 ALEXANDRIA DELOZADA, ) Case Number: FLD-16-396426 Events. 8 VS. ) Hearing Time: 9:00 AM 8 VS. ) Hearing Time: 9:00 AM MORE 5 6 ELIZABETH MORRIS, ) Case Number: FDI-13-780247 CCP 1292(a) & 1292.2. H. Eleventh Cause of Action - Punitive Damages. ) ) 8 VS. ) Hearing Time: 9:00 AM ) 6 CASIERRA MICHAUX, ) Case Number: FDI-21-794605 **This is the end of the Tentative Rulings. ) Aside from the prayer for attorney fees and cost of suit, it fails to specify the portions of the complaint which SRMH asks the court to strike. 10 Respondent ) Presiding: MARIA EVANGELISTA 9 PETER AVRITCH, ) Department: 404 12 REQUEST FOR ORDER OF CHILD CUSTODY 2 COUNTY OF SAN FRANCISCO ) 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. The motion to strike is GRANTED with leave to amend. Additionally, the motion must advise the attorney that joint and several liability against the attorney is sought for the sanctions. 9 JOSE A MARTINEZ, ) Department: 403 7 Petitioner ) Hearing Date: January 5, 2023 It is within the Courts discretion to consider late filings. ) The Court is predominantly seeking attorneys interested in assisting incarcerated individuals with their civil actions. As with the demurrer, on January 6, 2023, Plaintiff filed in opposition. 11 ) ) Under the mandatory relief provision of CCP 473(b), the court shall, whenever an application for relief is made no more than six months after entry of judgment, is in proper form, and is accompanied by an attorney's sworn affidavit attesting to his or her mistake, inadvertence, surprise, or neglect, vacate any dismissal entered against his or her client, unless the court finds that the default or dismissal was not in fact caused by the attorney's mistake, inadvertence, surprise, or neglect. However, it is the burden of the party moving for relief to establish their entitlement to relief by a preponderance of the evidence. 3 UNIFIED FAMILY COURT ) 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. ) Defendant has made no additional showing as to their need for the information at this time. The court DENIES the motion. The item number (to the left of your case number on the Tentative Ruling) ) 7 Petitioner ) Hearing Date: January 3, 2023 ) 10 Respondent ) Presiding: MARIA EVANGELISTA ) ) Quality Assurance v. Gherardini (1979) 93 Cal.App.3d 669, 679. 7 8 VS. ) Hearing Time: 9:00 AM 12 REQUEST FOR ORDER RE: CHANGE OF SPOUSAL OR PARTNER 3 COUNTY OF SAN FRANCISCO The service issue has since been resolved as Plaintiff was served with notice of this hearing by mail on November 16, 2022. 10 Respondent ) Presiding: JUDITH HARDING at 991. ) Jerry's Shell v. Equilon Enterprises, LLC(2005) 134 Cal.App.4th 1058, 1073. Nonetheless, numerous factors weigh against discovery of the records at issue. 5 ) 5 Jerry's Shell v. Equilon Enterprises, LLC(2005) 134 Cal.App.4th 1058, 1073. 12 REQUEST FOR ORDER RE: ATTORNEY FEES AND 2 COUNTY OF SAN FRANCISCO ) 9 KENIA MELISSA ELVIR, ) Department: 403 ) Curated guides to resources from librarians at the San Francisco Law . 5 ) TEMPORARY Virtual Hearing Links During Microsoft Teams Outage https://www.sdcourt.ca.gov/virtualhearings. 7 Petitioner ) Hearing Date: January 5, 2023 7. 11 ) 7 Petitioner ) Hearing Date: January 5, 2023 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. You will lose the information in your envelope. 9 EDGAR R GUZMAN, ) Department: 403 (See Saunders v. Cariss (1990) 224 Cal.App.3d 905, 908.) ) (415) 551-5910, Court Supervisor - Office Staff 6 DANIEL SIEGLER, ) Case Number: FDI-20-794099 ) ) Court Clerk 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. As such, any venue determinations are properly derived under that section of the CCP. 3 UNIFIED FAMILY COURT ) 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). 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. 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. 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. 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. Joseph Winer (Winer), in order to determine the validity of Plaintiffs claims that Joes condition warranted the requested accommodation. 10 Respondent ) Presiding: MARIA EVANGELISTA ) 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. 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. 5 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. (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. ) 10 Respondent ) Presiding: MARIA EVANGELISTA ) Therefore, the Court cannot find that UPA has waived their objections. (415) 551-3962, Civic Center Courthouse ) Therefore, based on all the reasons above, the motion to set aside sanctions orders is DENIED. ) ) 4 ), As to negligence, in Flowers v. Torrance Memorial Hospital Medical Center (1994) 8 Cal.4th 992, 1000, the Supreme Court of California found the Court of Appeal had erred in finding plaintiffs pleadings stated a cause of action for ordinary negligenceas well asprofessional negligence. 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)). If the information can be obtained in less intrusive means, the court should not allow discovery of the private matters. 6 JIAWEI TAN, ) Case Number: FDI-21-795548 6 JENNIFER PUENTE, ) Case Number: FDI-19-792728 12 ) 11 ) 9 CYNTHIA CHERIN, ) Department: 403 ) 9 DONTAE HILL SR., ) Department: 403 8 VS. ) Hearing Time: 9:00 AM On January 6, 2023, Plaintiff filed an opposition. ) ) ) 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. ) Oscar Pardo has recused self from this case. Law & Motion Judge - January 2, 2018 to December 31, 2018 Family Law Judge - September 19, 2014 to December 31, 2017. . 5 7 Petitioner ) Hearing Date: January 10, 2023 ) 8 VS. ) Hearing Time: 9:00 AM 12 RECEIPT OF TIER II REPORTS AND REVIE 2 COUNTY OF SAN FRANCISCO The Court therefore entered issue sanctions and evidence sanctions. ) 8 VS. ) Hearing Time: 9:00 AM As with demurrers, the policy is to construe pleadings liberally with a view to substantial justice. (CCP 452.) 13 TENTATIVE RULING ) The protection is not absolute, however, and the information is discoverable where the need for discovery outweighs the privacy concerns. Severe emotional distress [is] emotional distress of such substantial quantity or enduring quality that no reasonable man in a civilized society should be expected to endure it. (Fletcher v. Western Life Insurance Co. (1970) 10 Cal.App.3d 376, 397; see alsoCACI 1600.). ) ) The Court is unconvinced that issue sanctions are matters of default as defined under the statute. ) 11 ) 7 Petitioner ) Hearing Date: January 12, 2023 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. 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 . He alleges that this has resulted in permanent injuries. Attn: Appellate Court Services. ) However, this tentative ruling information is usually taken down from the court's website after several days or weeks. 12 REQUEST FOR ORDER FOR CHANGE OF VIS 2 COUNTY OF SAN FRANCISCO 12 REQUEST FOR ORDER RE: ATTORNEY FEES 2 COUNTY OF SAN FRANCISCO (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. Ex Parte Motion Superior Court of California San Francisco Timing Notice. Attorneys will NOT advise clients on the laws of any State or any State law legal matters (with the exception of California). 3 UNIFIED FAMILY COURT 10 Respondent ) Presiding: MARIA EVANGELISTA CCP 412.20(a) states in relevant part that a summons must be directed to the defendant. 11 Respondent ) Presiding: MARJORIE SLABACH If in electronic form, the authority must be electronically bookmarked as required by rule 3.1110(f)(4). CourtCall is not permitted for this calendar. 11 ) 6 TESSA LUU, ) Case Number: FDI-17-787511 ) 10 Respondent ) Presiding: MARIA EVANGELISTA 10 Respondent ) Presiding: JUDITH HARDING Law and motion and ex parte applications in a direct calendar case are heard in the department to which the case was assigned. 11 ) 8 VS. ) Hearing Time: 9:00 AM ) 8 VS. ) Hearing Time: 9:00 AM 3 UNIFIED FAMILY COURT 5 Plaintiffs have not placed adequate information before the Court for there to be a finding of waiver. 8 VS. ) Hearing Time: 9:00 AM ) ) 10 Respondent ) Presiding: MARJORIE SLABACH 10 Respondent ) Presiding: MARIA EVANGELISTA ) The courts tentative ruling will become the order of the court unless the court has directed the parties to appear or a party gives notice of an intent to appear and argue the motion. Newly filed civil cases are assigned to one of five civil Judges all... 5 ) 5 jerry 's Shell v. Equilon Enterprises, LLC ( 2005 ) 134 1058. 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