san francisco superior court law and motion

9 ULRICH SCHMID-MAYBACH, ) Department: 403 5 11 ) When considering demurrers, courts read the allegations liberally and in context. Despite further warning signs and the fact that he needed assistance to leave SRMH, Defendants continued to discharge him without doing more. 11 ) Sacramento County Superior Court Prerogative Writ Departments. See also rule 1.200 concerning the format of citations. 3 UNIFIED FAMILY COURT Local Rule 8.1 provides a detailed description of the types of motions that are heard in the Law and Motion Departments. 3 UNIFIED FAMILY COURT apply to ex parte applications. The motion has been rendered MOOT by UPAs subsequent provision of discovery responses. 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. ) (CRC 3.1322.) 6 PATRICIA WHALEN CHERIN, ) Case Number: FDI-22-796788 8 VS. ) Hearing Time: 9:00 AM 7 Petitioner ) Hearing Date: January 10, 2023 8:8-9. ) 6 ANDREW KOKLIONG GAN, ) Case Number: FDI-16-785159 ), 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. ) Taylor v. Superior Court(1979) 24 Cal.3d 890, 897 (Taylor). 9 DEVENE TOBIE, ) Department: 403 5 ) This defect is capable of remedy through amendment. All hearings will be conducted remotely by CourtCall or by videoconference. ) ) ) ) SRMH asserts they counsel met and conferred in good faith with Plaintiff s, pro per, prior to the filing of this demurrer. 10 Respondent ) Presiding: MARJORIE SLABACH The assignment of the case depends on the case number assigned by the clerks office. SRMH does nothing more than state that it wants the court to strike out the irrelevant allegations of careless, reckless, wanton, unlawful, offensive, and grossly negligent conduct. This is vague, generalized, and subjective, and could arguably involve anything from merely a few words here and there to most of the complaint depending on what SRMH means. 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. ) 8 VS. ) Hearing Time: 9:00 AM 10 Respondent ) Presiding: MARIA EVANGELISTA A judge may require that a copy of that case must be lodged. ) ) ) 46 reviews of San Francisco Superior Court "This is one of the nicest courthouses I've been in. 13 TENTATIVE RULING 3 UNIFIED FAMILY COURT There is no evidence that responses which comport with the Courts order were ever served. If you desire to appear and present oral argument,YOU MUST NOTIFYJudge Pardos Judicial Assistant by telephone at(707) 521-6602and 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. 8 VS. ) Hearing Time: 9:00 AM 11 ) ) 3 UNIFIED FAMILY COURT 11 ) Ct. (Marshalls of CA, LLC) (2017) 3 Cal. (CCP) 435. ) Time of Hearing. 6 ROMISEH PAKZADIAN, ) Case Number: FDI-11-774399 There is no requirement that the failure to comply with discovery be willful for the court to impose monetary sanctions. 11 ) If you're before Judge Warren in law and motion, you better have your . ) 3 UNIFIED FAMILY COURT UPAs attorneys recalcitrance toward the entire process indicates to the Court that this discovery abuse appears to stem in part from the actions of counsel. 7 Petitioner ) Hearing Date: December 22, 2022 8 VS. ) Hearing Time: 9:00 AM 11 ) 8 VS. ) Hearing Time: 9:00 AM ) 9 SHUMPEI KAWASAKI, ) Department: 404 5 ) 12 REQUEST FOR ORDER OF CHILD CUSTODY 2 COUNTY OF SAN FRANCISCO ) Civic Center Courthouse 11 ) 10 Respondent ) Presiding: JUDITH HARDING Strategic discovery misconduct resulting in terminating sanctions is not a proper basis for mandatory relief under CCP 473(b). 7 WILLIAM D ROSS, ) Case Number: FDI-20-794096 7 Petitioner ) Hearing Date: January 17, 2023 ), A. 12 REQUEST FOR ORDER FOR CHANGE OF CUSTODY, 2 COUNTY OF SAN FRANCISCO 3 UNIFIED FAMILY COURT 11 ) ) ) San Francisco, CA 94102 9 KEVIN RICHARD DOUGHERTY, ) Department: 404 ) 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 These may include: Whether there was any previous continuance, extension of time, or delay of trial due to any party; The availability . Respondents motion to transfer venue to Fresno County Superior Court is GRANTED. CCP 1292(a) & 1292.2. 12 REQUEST FOR ORDER SPOUSAL OR PARTNER SUPPORT ) See Camilleri Declaration(s), 10. MORE 6 COUNTY OF SAN FRANCISCO, ) Case Number: FCS-11-346715 10 Respondent ) Presiding: MARJORIE SLABACH 5 6 DARCELL HENDERSON, ) Case Number: FDI-19-792571 5 10 Respondent ) Presiding: MARIA EVANGELISTA ) ) 5 ) 908.) The San Francisco Superior Court is currently under Presiding Judge Robert Dondero, and Assistant Presiding Judge David Ballati. Attorneys will NOT advise clients on the laws of any State or any State law legal matters (with the exception of California). ) 12 ) ) 10 Respondent ) Presiding: DANIEL FLORES ) Accordingly, the motion is GRANTED with leave to amend. PLEASE NOTE:In accordance with the Order of the Presiding Judge, a party or representative of a party may appear in Department 19 in person or remotely by Zoom, a web conferencing platform. ) ) ) ) Service of Motion Papers Personal Service 16 Days Before Hearing. 7 Petitioner ) Hearing Date: January 5, 2023 Unscheduled motions will not be heard. ) Civic Center Courthouse ) ) ), 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: December 22, 2022 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. ) 6 REBECCA REBECCA SKINNER, ) Case Number: FDI-06-762767 12). ) 9 VADIM V NISENBAUM, ) Department: 404 6 JENNIFER SANDELIN, ) Case Number: FDV-15-811822 ) 10 Respondent ) Presiding: DANIEL FLORES 6 COUNTY OF SAN FRANCISCO, ) Case Number: FCS-12-347379 However, falsity, must be demonstrated by reference to the pleading itself of judicially noticeable matters, not extraneous facts. ) 5 A memorandum that exceeds 10 pages must include a table of contents and a table of authorities. 12 REQUEST FOR ORDER RE: ATTORNEY FEES AND C 2 COUNTY OF SAN FRANCISCO Third, any relief here, either discretionary or mandatory, would only be proper if SFPKOA had provided the complaint discovery responses the court ordered. 11 ) ) 3 UNIFIED FAMILY COURT ) 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). Food 4 Less Supermarkets, Inc. v. Superior Court(1995) 40 Cal.App.4th 651, 657. ) (415) 551-3744, Judge Roger C. Chan ) ) ) ANNOUNCEMENT OF EMERGENCY FAMILY COURT OPERATIONS, EFFECTIVE MARCH 24, 2020, COVID-19 Modifying Child Support Information, JudgeMonica F. Wiley, Supervising Judge 6 Criminal records are not available online. 13 TEN 2 COUNTY OF SAN FRANCISCO 10 Respondent ) Presiding: MARIA EVANGELISTA ) A noticed motion is when the opposing party was given advance notice of the hearing. ) Exchange(2006) 135 Cal.App.4th 1138, 1144. 3 UNIFIED FAMILY COURT ) 10 Respondent ) Presiding: JUDITH HARDING The San Francisco Superior Court offers online access to Civil case filings, Tentative Rulings, and pay Traffic citations. ) 3 UNIFIED FAMILY COURT 5 ) ) ) 7 Petitioner ) Hearing Date: January 12, 2023 If a proposed order or judgment is submitted, it must be lodged and served with the moving papers but must not be attached to them. (CCP 452; Schifando v. City of Los Angeles (2003) 31 Cal.4th 1074, 1081. ) 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. 4 UNIFIED FAMILY COURT ) ) ) ) 11 ) (415) 551-3741, Judge Daniel A. Flores 5 6 DANIELLE SCHMID-MAYBACH, ) Case Number: FDI-22-796538 Scheduling a Hearing (Ex Parte and Noticed Motion), 2021 Superior Court of California, County of San Diego, https://www.sdcourt.ca.gov/virtualhearings, Unlawful Detainer (Landlord-Tenant) Hearings. See, e.g. 7 Petitioner ) Hearing Date: January 3, 2023 ) 3 UNIFIED FAMILY COURT ) 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. 6 DANIEL SIEGLER, ) Case Number: FDI-20-794099 ) 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.) 11 ) You have reviewed and understand the law and motion rules of your assigned Civil department. 6 NAOMI ASSARAF, ) Case Number: FDI-19-792611 ) ) 9 EVGENY FOUKSMAN, ) Department: 403 ) 10 Respondent ) Presiding: MARIA EVANGELISTA (See Donabedian v. Mercury Ins. 11 ) ), (e) Application to file longer memorandum. 14 2 COUNTY OF SAN FRANCISCO Sanctions are mandatory under the CCP for discovery abuses, absent substantial justification. ) Allen v. Sup.Ct. Hours: Public Hours: 8:00 a.m. - 4:30 p.m. (See Saunders v. Cariss (1990) 224 Cal.App.3d 905, 908.) ) 8 VS. ) Hearing Time: 9:00 AM ) ) ) ) 3 UNIFIED FAMILY COURT SKPKOAs counsel Summer Smith appeared at the hearing and argued against the motion. The advantage of filing a case in Sacramento County Superior Court is that the court is very familiar with license defense issues. On this page, you will find every civil tentative ruling from San Francisco County Superior. 5 6 ALEXANDRIA DELOZADA, ) Case Number: FLD-16-396426 9 CLIFFORD GADYE, ) Department: 404 Lang v. Hochman(2000) 77 Cal.App.4th 1225, 1248. CCP 1292.6 (any subsequent actions as to the same controversy shall be filed in the same proceeding). 5 ) 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. ) Guide to the San Francisco Superior Court. 7 Petitioner ) Hearing Date: January 17, 2023 11 ) 8 VS. ) Hearing Time: 9:00 AM Dept. Beginning June 15, 2021, all courthouses are open to the public and most in-person services are restored. Zamora v. Clayborn Contracting Group, Inc.(2002) 28 Cal.4th 249, 258. 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. Oscar Pardo has recused self from this case. 8 VS. ) Hearing Time: 9:00 AM 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. 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. Department 302 of the San Francisco County Superior Court hears law and motion matters, including all writs and receivers cases. 9 MARCUS C HOPKINS, ) Department: 403 7 Petitioner ) Hearing Date: January 12, 2023 4 UNIFIED FAMILY COURT ) ) 9 VS. ) Hearing Time: 9:00 AM ) ) 14 2 COUNTY OF SAN FRANCISCO Plaintiffs motion was granted by the Court as to all requests, and monetary sanctions were imposed. 11 ) 11 ) 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. 7 Petitioner ) Hearing Date: January 10, 2023 ) 10 Respondent ) Presiding: MARIA EVANGELISTA 9 TIMOTHY HEFFERNAN, ) Department: 403 Mission Imports, Inc. v. Sup. ) 5 8 VS. ) Hearing Time: 9:00 AM 7 Petitioner ) Hearing Date: December 22, 2022 6 SEEMA HAJI, ) Case Number: FDI-16-785594 The motion to compel medical records pursuant to subpoena is DENIED 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. ) Before Trial Ch. ) "In ruling on a motion or application for continuance, the court must consider all the facts and circumstances that are relevant to the determination. 3 UNIFIED FAMILY COURT DEPARTMENT 22 TENTATIVE RULINGS FOR NON-COMPLEX CASE S. 5 ) 7 Petitioner ) Hearing Date: December 27, 2022 5 ) Accordingly, even a complaint which fails to allege the elements necessary for the cause of action expressly labeled in the complaint is sufficient to state any cause of action which the pleaded facts actually support, as long as the pleaded facts state a cause of action on any available legal theory. (Ibid. 12 REQUEST FOR ORDER OF CHANGE OF CHILD C 2 COUNTY OF SAN FRANCISCO Cheng San Francisco Superior Court: Alfred G. Chiantelli San Francisco . 6 ELENA SANTIAGO, ) Case Number: FDI-13-779507 Code Civ. (CCP) 473 (d) to set aside the default. ) A tentative ruling is a preliminary ruling that states how a court intends to rule on a motion, and courts may modify or reverse civil tentative rulings prior to issuing final rulings, hence the term tentative.. 10 Respondent ) Presiding: DANIEL FLORES (Subd (a) amended effective January 1, 2007; previously amended effective January 1, 2004.). SCV-270126, Lopes v. Petaluma City School District. ) 8 VS. ) Hearing Time: 9:00 AM 5 8 Petitioner ) Hearing Date: December 29, 2022 If a party fails serve a timely response, the court shall impose sanctions unless it finds that the party subject to the sanction acted with substantial justification or that other circumstances make the imposition of the sanction unjust. It has no discretion. Iott v. Franklin(1988) 206 Cal.App.3d 521, 528. Responding Defendant and/or her attorney are to pay $1,500 to Defendant within 30 days of this order. 8 VS. ) Hearing Time: 9:00 AM 3 UNIFIED FAMILY COURT 12 REQUEST FOR ORDER OF REQUEST FOR ORDER 2 COUNTY OF SAN FRANCISCO Hearings on motions scheduled in Dept. ) ) 6 ELIZABETH MORRIS, ) Case Number: FDI-13-780247 ) To see department rules regarding virtual hearings, as well as virtual hearing instructions, please . 5 Code of Civil Procedure (CCP) sections 1985.3(g), 1985.6(f), 1987.1; see also Monarch Healthcare v. Sup.Ct. The purpose of monetary sanctions is to mitigate the effects of the necessity of discovery motions and responses on the prevailing party. 5 ) Service to the other party or their lawyer may be done either by mail or in person. CCP 2031.300(c) & 2033.280(c). Food 4 Less Supermarkets, Inc. v. Superior Court(1995) 40 Cal.App.4th 651, 657. ) 6 JULIE ANN ALBAY, ) Case Number: FMS-21-387354 ) ) 6 ROSANA WIECKS, ) Case Number: FDI-10-771615 CCP 2031.050 (a)-(b). Non-discovery Law and Motion Matters. 2 COUNTY OF SAN FRANCISCO ) A memorandum that exceeds 15 pages must also include an opening summary of argument. ) 3 UNIFIED FAMILY COURT Instead they must show a compelling and opposing state interest. Hinshaw, Winkler, Draa, Marsh & Still v. Superior Court (1996) 51 Cal.App.4th 233, 239 [disapproved on other grounds by Williams v. Sup. This is highly valuable data that reveals how judges think on substantive legal issues. ) 8 VS. ) Hearing Time: 9:00 AM 100 ) 7 Petitioner ) Hearing Date: December 29, 2022 11 Respondent ) Presiding: DANIEL FLORES ) 5 (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. ) 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. 10 Respondent ) Presiding: DANIEL FLORES 11 ) 6 SEEMA HAJI, ) Case Number: FDI-16-785594 12 REQUEST FOR ORDER CHILD 2 COUNTY OF SAN FRANCISCO 9:1-3.). ) 7 Petitioner ) Hearing Date: January 10, 2023 (Central Pathology Service Med. ) It is clear that the Court has no jurisdiction over Defendant as an individual. Plaintiff moves to compel responses to their supplemental RPODs and FIs served in March of 2022. The requirements for proposed orders, including the requirements for submitting proposed orders by electronic means, are stated in rule 3.1312. 8 VS. ) Hearing Time: 9:00 AM 8 VS. ) Hearing Time: 9:00 AM (See Saunders, supra, 224 Cal.App.3d at p. 11 ) 7 Petitioner ) Hearing Date: January 5, 2023 San Francisco County Superior Court Law and Motion Department. 12 REQUEST FOR ORDER RE: REIMBURSEMENT OF CHILD EXPENS 2 COUNTY OF SAN FRANCISCO It is worth noting that Defendants reply asserting this point was also late, filed only four court days prior to hearing. Phone Number and Phone Hours : (650) 363-4300 or (650) 261-5100 option 5 . 5 500, Attorneys may practice Federal Administrative Law and represent an individual located outside of California within the parameters of Federal Administrative Law. ) 4:21-22; 5:22-23. 9 PATRICIA OJEDA GOMEZ, ) Department: 404 12 OTHER REVIEW HEARING ) ) 5 (2000) 78 Cal.App.4th 1282, 1290. 7 Petitioner ) Hearing Date: January 10, 2023 10 Respondent ) Presiding: MARIA EVANGELISTA 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. (2) San Francisco Immigration Court: Address: 630 Sansome Street, 4th Floor, Room 475 San Francisco, CA 94111. ) ) ) Importantly, the burden is on the moving party to show that venue is not proper in the county where the action was filed and that venue is proper in the county to which defendant wishes to transfer the action. 7 Petitioner ) Hearing Date: December 27, 2022 6 DIANA AI HUANG, ) Case Number: FDI-22-796207 7 Petitioner ) Hearing Date: January 5, 2023 6 MAURA HUERTA, ) Case Number: FDV-16-812742 8 VS. ) Hearing Time: 9:00 AM 5 13 TENTATIV 2 COUNTY OF SAN FRANCISCO The Hon. 7 Petitioner ) Hearing Date: January 3, 2023 CCP 396b(a). However, this tentative ruling information is usually taken down from the court's website after several days or weeks. ) 11 ) The California Rules of Court state how to prepare and when to file documents. Plaintiff alleges eleven causes of action. Updated Civil Calendar Click the link below to view an online (PDF) list of available Civil Law and Motion and Discovery Calendar hearing dates, updated weekly: Click for list of available dates 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. Code 3294. 8 VS. ) Hearing Time: 9:00 AM 6 RACHAEL LOHREY, ) Case Number: FMS-21-387368 A case citation must include the official report volume and page number and year of decision. ) The pages of a memorandum must be numbered consecutively beginning with the first page and using only Arabic numerals (e.g., 1, 2, 3). 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. Choosing the right courtroom and courthouse for any case, including a petition for writ of administrative mandamus, can be critical to the success of the petition. Court Clerk (1975) 15 Cal.3d 652, 657. Leave a message with the following information: Your name, and that you want to appear. ) 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. 12 REQUEST FOR ORDER FOR CHANGE OF CHA 2 COUNTY OF SAN FRANCISCO ) 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. CCP 396b(a), 397(a). ) ) Quick Links 10 Respondent ) Presiding: MARIA EVANGELISTA 9 XUE YING YANG, ) Department: 403 The Court finds Defendants experience as a driver as inadequate basis to support a conscious disregard for the safety of others. 8 VS. ) Hearing Time: 9:00 AM Defendants motion to set aside default under CCP 473(d) is GRANTED to the degree it names Defendant as an individual. [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. 7 Petitioner ) Hearing Date: January 5, 2023 7 Petitioner ) Hearing Date: December 22, 2022 ) 12 REQUEST FOR ORDER: ATTY FEES/COSTS, ADVANCE 2 COUNTY OF SAN FRANCISCO 7 Petitioner ) Hearing Date: January 3, 2023 3 UNIFIED FAMILY COURT ) 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 If a party fails to appear at a law and motion hearing without having given notice, the court may take the matter off calendar, to be reset only upon motion, or may rule on the matter. 10 Respondent ) Presiding: DANIEL FLORES Huh v. Wang(2007) 158 Cal.App.4th 1406, 1423. ) 10 Respondent ) Presiding: MARIA EVANGELISTA 5 6 DAIANA CHERHYNETS, ) Case Number: FDI-22-796786 Consequently, Trellis makes the information and legal analyses contained in San Francisco County County tentative rulings searchable for attorneys, parties, and the public. (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.). 10 Respondent ) Presiding: MARIA EVANGELISTA 9 JESUS ANTONIO ZARAGOZA BARAJAS, ) Department: 404 ) ) To the extent practicable, all supporting memorandums and declarations must be attached to the notice of motion. The comment period will run from September 14, 2022 through October 28, 2022. Moreover, in the memorandum of points and authorities, SRMH presents arguments over portions of the complaint, such as the request for punitive damages, which are, not even among the portions of the complaint which SRMH asks the court to strike. B. Ibid. 8 VS. ) Hearing Time: 9:00 AM ( Cal. ) 8 VS. ) Hearing Time: 9:00 AM Failure to verify responses is equivalent to serving no responses at all. 12 REQUEST FOR ORDER RE: SEALIN 2 COUNTY OF SAN FRANCISCO Here, the facts plead under this cause of action may also support Plaintiffs prior plead cause of action for medical malpractice. ) 6 JAMES BRAXTON COLAGROSS JR, ) Case Number: FDI-16-786049 7 Petitioner ) Hearing Date: January 10, 2023 7 Petitioner ) Hearing Date: January 12, 2023 7 Petitioner ) Hearing Date: January 10, 2023 A party seeking an ex parte order must notify all parties no later than 10:00 a.m. the court day before the ex parte appearance, absent a showing of exceptional circumstances that justify a shorter time for notice. However, Plaintiffs request that the Court find that UPAs objections have been waived by their untimely response. Therefore, Plaintiffs request for $1,500 in sanctions is appropriate and GRANTED. 6 JIAWEI TAN, ) Case Number: FDI-21-795548 5 7 Petitioner ) Hearing Date: January 17, 2023 5:26.). The only issue involved in a demurrer hearing is whether the complaint, as it stands, unconnected with extraneous matters, states a cause of action. (Hahn v. Mirda (2007) 147 Cal.App.4th 740, 747.) 9 PETER AVRITCH, ) Department: 404 3 UNIFIED FAMILY COURT 5 9 ADAM SCHLIFKE, ) Department: 404 (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.). Civic Center Courthouse ) 9 MAINAK BANERJEE, ) Department: 403 12 REQUEST FOR ORDER RE: COMPEL PETITION 2 COUNTY OF SAN FRANCISCO ) 12 REQUEST FOR ORDER RE: SIGN QDRO 2 COUNTY OF SAN FRANCISCO 9 THEODORE LAMONT DYNIA, ) Department: 403 Roney & Co. (1952) 112 Cal.App.2d 420, 425 (amendment to designate true name of judgment debtor); Davis v. Rudolph (1947) 80 Cal.App.2d 397, 405; Jack Farenbaugh & Son v. Belmont Const. 8 VS. ) Hearing Time: 9:00 AM ) 7 Petitioner ) Hearing Date: January 10, 2023 ) ) ) ) ) Kwan Software Engineering, Inc. v. Hennings(2020) 58 Cal.App.5th 57, 81. (Subd (b) amended effective January 1, 2004.). 12 OTHER REVIEW HEARING However, in the context of supplemental responses, Plaintiffs have made no showing that this properly applies. 7 Petitioner ) Hearing Date: January 10, 2023 Default was entered against Defendant on August 19, 2021. 13 TENTATIVE RULING 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. Ellis v. Toshiba America Information Systems, Inc.(2013) 218 Cal.App.4th 853, 878. ) 6 RICARDO ANTONIO ALVAREZ, ) Case Number: FDI-10-772130 ) 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). 3 UNIFIED FAMILY COURT It is now for . 12 OTHER REVIEW HEARING 8 VS. ) Hearing Time: 9:00 AM 3 UNIFIED FAMILY COURT Pro. 7 Petitioner ) Hearing Date: January 12, 2023 You can always see your envelopes 9 FAROOQ IMAM, ) Department: 403 However, the assertion that Doctor Laird is an independent contractor is not a fact that is apparent based on the face of the pleading or that has been judicial noticed by this court. However, Defendant has provided no authority or showing that the default is void in total. Los Angeles County Superior Court Writs and Receivers. 11 ) Finally, as Plaintiff and Joe argue, Joe is not a party to this litigation and has not himself put his own medical condition at issue. 8 VS. ) Hearing Time: 9:00 AM If the information can be obtained in less intrusive means, the court should not allow discovery of the private matters. 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. (T)he defaulting party must submit sufficient admissible evidence that the default was actually caused by the attorney's error. Id.