) ) 10 Respondent ) Presiding: MARIA EVANGELISTA ) There is a fee payable for the motion at the time of filing, unless you have a waiver of fee on file. Guide Civ. ) 7 Petitioner ) Hearing Date: January 17, 2023 ) 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. South San Francisco, CA 94080 . Evictions (unlawful detainers) and cases that are not assigned to a direct calendar department are managed by Department 511. (See Saunders, supra, 224 Cal.App.3d at p. 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). Department 405 However, timely unverified responses containing both objections and answers may serve to maintain objections. 7 Petitioner ) Hearing Date: December 22, 2022 ) ) ) Where no response was served to a FI, there is no time requirement in moving to compel, nor any requirement to meet and confer. 12 REQUEST FOR ORDER RE: SPOUSAL 2 COUNTY OF SAN FRANCISCO (CRC 3.1322.) 7 Petitioner ) Hearing Date: January 17, 2023 Beginning June 15, 2021, all courthouses are open to the public and most in-person services are restored. 4 ) 6 TAHIRAH WOODARD, ) Case Number: FDV-21-815836 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). 14 2 COUNTY OF SAN FRANCISCO Ct. (1982) 31 Cal.3d 921, 929. 12 REQUEST FOR ORDER FOR CHANGE OF VIS 2 COUNTY OF SAN FRANCISCO CCP 396b(a), 397(a). 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. ) 9 KEVIN OMAR LASTRE, ) Department: 403 10 Respondent ) Presiding: MARIA EVANGELISTA 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. 13 REQUEST FOR ORDER RE REQUEST FOR MONETARY A 2 COUNTY OF SAN FRANCISCO Civic Center Courthouse Complaint 13. 5 5 5 If papers are served by personal service, service must be made at least 16 court days before the hearing. 10 Respondent ) Presiding: MARIA EVANGELISTA Please wait a moment while we load this page. 9 IVAN D DAVCHEV, ) Department: 403 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.). Plaintiff seeks $1,500 for two motions, representing expended attorney time and fees. 2 COUNTY OF SAN FRANCISCO You must serve the other party or their lawyer with a copy of your motion. ) 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. Allen v. Sup.Ct. 5 With this limitation, the court GRANTS the requests for judicial notice. 12 OTHER REVIEW HEARING 573, 574; Thomson v. L.C. 8 VS. ) Hearing Time: 9:00 AM The purpose of monetary sanctions is to mitigate the effects of the necessity of discovery motions and responses on the prevailing party. 5 ) 10 STEPHEN R CROW, ) Department: 403 8 VS. ) Hearing Time: 9:00 AM 2 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. (See CCP 430.10(e).) **Attorneys are only licensed to practice law in California. 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. 3 UNIFIED FAMILY COURT CCP 2030.290, 2031.300, 2033.280. 8 VS. ) Hearing Time: 9:00 AM 7 Petitioner ) Hearing Date: January 10, 2023 6 EMMA L GONZALEZ, ) Case Number: FLD-16-396370 Law and motion and ex parte applications in all other cases, including unlawful detainers, are heard in Department 511. 8 VS. ) Hearing Time: 9:00 AM 8 VS. ) Hearing Time: 9:00 AM ) 6 ROBERT ELLIOTT WHITEMAN, ) Case Number: FDV-22-816509 Unscheduled motions will not be heard. 10 FREDRICK A REED, ) Department: 404 ) 12 REQUEST FOR ORDER RE: LETTERS ROGATORY, REQUES 2 COUNTY OF SAN FRANCISCO 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. ) CCP 2031.240(c)(1). 6 CESAR ALDERERETE, ) Case Number: FLD-22-396959 (1987) 194 Cal..App.3d 1023, 1027 (judgment amended to add defendant corporations alter ego, in control of the litigation, as additional judgment debtor on ground that omission was misnomer). A judge may require that a copy of that case must be lodged. 12 RECEIPT OF TIER II REPORTS AND REVIE 2 COUNTY OF SAN FRANCISCO Plaintiff demonstrates recognition from the start that Defendant would be entitled to some medical information regarding Joe, Plaintiff met and conferred and had already agreed to provide some information, including a physicians note from the events in question and which Plaintiff had offered to support her accommodation request. 9 JOSE A MARTINEZ, ) Department: 403 See Cal Rule of Court, Rule 3.1300 (d). 7 Petitioner ) Hearing Date: January 10, 2023 Based on the foregoing, Plaintiffs motion is MOOT. ) 8 VS. ) Hearing Time: 9:00 AM Sinaiko Healthcare Consulting, Inc. v. Pacific Healthcare Consultants(2007) 148 Cal.App.4th 390, 410-411. 9 LEEANN JEANETTE BAILEY, ) Department: 403 ) CCP 1292(a) & 1292.2. ) 6 DARIA DOGALAKOVA, ) Case Number: FDV-21-815634 See CCP 437. 8 VS. ) Hearing Time: 9:00 AM 5 6 BECKY M. DE MARCO, ) Case Number: FDI-15-783160 7 Petitioner ) Hearing Date: January 12, 2023 ) ) ) ) 11 ) 6 JOSE CARLOS SALAS PILLACA, ) Case Number: FDI-20-793011 7 Petitioner ) Hearing Date: January 12, 2023 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 . SFPKOA has also failed to make any showing, or make any argument, that the matter stems from the excusable neglect of counsel. 11 ) It clearly failed to include this portion of the complaint in the actual motion and thus the court disregards this defective argument which is not properly noticed or before the court. ) 9 EVGENY FOUKSMAN, ) Department: 403 9 JOCHEN PHILLIP BACKS, ) Department: 403 Thedemurreris therefore SUSTAINED with leave to amend as to the fifthcauseofaction. ) 5 6 CHITRA AKILESWARAN, ) Case Number: FDI-20-793853 ) 6 COUNTY OF SAN FRANCISCO, ) Case Number: FCS-22-355607 11 ) Rules of Ct. 9.40 (c) (1) .) 7 Petitioner ) Hearing Date: January 5, 2023 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 ) try clicking the minimize button instead. ) 10 Respondent ) Presiding: MARIA EVANGELISTA ( Cal. ) Pro. 11 ) 5 9 CYRUS YAMIN, ) Department: 404 The burden requires the moving party to negate all of the possible bases for venue. 7 Petitioner ) Hearing Date: December 22, 2022 ) 12 REVIEW HEARING ON PARENT 2 COUNTY OF SAN FRANCISCO See Petitioners Notice of Related Case filed July 31, 2021. ) 10 Respondent ) Presiding: DANIEL FLORES ) 3 UNIFIED FAMILY COURT 10 Respondent ) Presiding: DANIEL FLORES ) This statement shall also specify whether the inability to comply is because the particular item or category has never existed, has been destroyed, has been lost, misplaced, or stolen, or has never been, or is no longer, in the possession, custody, or control of the responding party and [t]he statement shall set forth the name and address of any natural person or organization known or believed by that party to have possession, custody, or control of that item or category of item. Id. ) 3 UNIFIED FAMILY COURT Hearing dates and times vary by department. ) 6 COUNTY OF SAN FRANCISCO, ) Case Number: FCS-15-351058 ) 8 VS. ) Hearing Time: 9:00 AM You may also call or email the department. ) 10 Respondent ) Presiding: MARIA EVANGELISTA 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. (T)he defaulting party must submit sufficient admissible evidence that the default was actually caused by the attorney's error. Id. 7 Petitioner ) Hearing Date: December 29, 2022 8 VS. ) Hearing Time: 9:00 AM 8 VS. ) Hearing Time: 9:00 AM 7 Petitioner ) Hearing Date: December 13, 2022 3 UNIFIED FAMILY COURT 12 RECEIPT OF TIER II REPORT, SUMMER/HOLIDAY 2 COUNTY OF SAN FRANCISCO ) 7 Petitioner ) Hearing Date: January 3, 2023 6 CHRISTOPHER BROWN, ) Case Number: FLD-22-396948 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. 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. 3 UNIFIED FAMILY COURT by clicking the Inbox on the top right hand corner. 6 ELIZABETH MORRIS, ) Case Number: FDI-13-780247 Departments 82, 85 and 86 located in the Stanley Mosk Courthouse of Los Angeles County Superior Court hear writ petitions taken on administrative cases. 7 Petitioner ) Hearing Date: January 5, 2023 ) Peters Dec., 2-3. 10 Respondent ) Presiding: DANIEL FLORES 11 ) 11 ) Code 452(d).) 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. ) Phone Number and Phone Hours : (650) 363-4300 or (650) 261-5100 option 5 . ) 10 Respondent ) Presiding: DANIEL FLORES 10 Respondent ) Presiding: MARIA EVANGELISTA ) 9 XUE YING YANG, ) Department: 403 ) 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. 11 ) ) ) ) 5 ) ) ) 5 5 7 Petitioner ) Hearing Date: January 3, 2023 7 Petitioner ) Hearing Date: December 29, 2022 8 VS. ) Hearing Time: 9:00 AM 9 KIM SENG TANG, ) Department: 404 Actions against corporations are triable in the county where it has its principal place of business, where the contract was made or to be performed (whether specified in writing or not), or where the obligation or liability arose or the breach occurred. 8 VS. ) Hearing Time: 9:00 AM 10 Respondent ) Presiding: MARIA EVANGELISTA 11 ) ) 9 RODNEL MAGAT, ) Department: 403 Valley Bank of Nevada, supra, 15 Cal.3d 658. ) ) 11 ) ) ) 9 KEVIN RICHARD DOUGHERTY, ) Department: 404 "In ruling on a motion or application for continuance, the court must consider all the facts and circumstances that are relevant to the determination. The Application. ) ) See CCP 2031.300; see also Cal. 6 ANTHONY SHUMSKAS, ) Case Number: FDI-20-793239 ) ) ) ) ) 9 MAINAK BANERJEE, ) Department: 403 ) Law (9th ed. Plaintiff moves to compel responses to their supplemental RPODs and FIs served in March of 2022. SFSC LR 8.1 (amended eff 7/1/21). 6 PATRICIA WHALEN CHERIN, ) Case Number: FDI-22-796788 The motion is GRANTED with leave to amend. ) ) ) 11 ) ) See also rule 1.200 concerning the format of citations. 12 REQUEST FOR ORDER RE STATUTORY FEES Defendant has made no additional showing as to their need for the information at this time. 12 REQUEST FOR ORDER RE: ENFORCE RESPONDE 2 COUNTY OF SAN FRANCISCO Further these actions are already pled in the prayer for relief. 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