san francisco superior court law and motion

12 REQUEST FOR ORDER OF REQUEST FOR ORDER 2 COUNTY OF SAN FRANCISCO Petitions for writs of administrative mandamus and ex parte applications for stay are usually heard in the writs and receivers department of Superior Court. 8 Petitioner ) Hearing Date: January 5, 2023 10 Respondent ) Presiding: MARIA EVANGELISTA ) 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. ) 11 ) ) Commodore Home Systems, Inc. v. Sup. 8 VS. ) Hearing Time: 9:00 AM 3 UNIFIED FAMILY COURT 9 SHAUN MICHAUX, ) Department: 404 7 Petitioner ) Hearing Date: December 27, 2022 (1992) 3 Cal.4th 181, 191.) 11 ) Curated guides to resources from librarians at the San Francisco Law . 5:26.). ) ) 7 Petitioner ) Hearing Date: January 10, 2023 12 REQUEST FOR ORDER RE: CHANGE OF SPOUSAL OR PARTNER 3 COUNTY OF SAN FRANCISCO ) ) 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. 12 OTHER REVIEW HEARING 12 REQUEST FOR ORDER RE SPOU 3 COUNTY OF SAN FRANCISCO ) This is highly valuable data that reveals how judges think on substantive legal issues. Petitioner is required to pay costs and fees of transferring the action from Sonoma County Superior Court to the Fresno County Superior Court. Attorneys offices are only located in California. 8 VS. ) Hearing Time: 9:00 AM 6 ULIANA POPOV, ) Case Number: FDI-20-793286 ) 7 Petitioner ) Hearing Date: January 10, 2023 12 ) ) 7. (CCP 437.) 5 ) 12 REQUEST FOR ORDER OF CHILD CUSTODY 2 COUNTY OF SAN FRANCISCO 12 REQUEST FOR ORDER RE: SEAL UNREDACTED RESPONSIVE 2 COUNTY OF SAN FRANCISCO 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. ) Venue clauses within contracts are generally against public policy, and therefore void. 11 ) 8 VS. ) Hearing Time: 9:00 AM 9 DEVENE TOBIE, ) Department: 403 10 Respondent ) Presiding: DANIEL FLORES Print | E-mail Civil and Family Law Tentative Rulings Please refer to the notice entitled "Information Regarding Coronavirus (COVID-19) and Court Operations" on the court's home page for further detailed information. ) 10 Respondent ) Presiding: DANIEL FLORES 8 VS. ) Hearing Time: 9:00 AM (415) 551-5910, Court Supervisor - Office Staff 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. ) 12 REQUEST FOR ORDER RE: ENFORCE RESPONDE 2 COUNTY OF SAN FRANCISCO ) ) 6 JENNISIS MARIE LASTRE, ) Case Number: FDV-17-813112 Insight. 7 Petitioner ) Hearing Date: December 22, 2022 (Subd (b) amended effective January 1, 2004.). 10 Respondent ) Presiding: DANIEL FLORES 10 Respondent ) Presiding: MARIA EVANGELISTA 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. (415) 551-3962, Civic Center Courthouse 7 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. A memorandum that exceeds the page limits of these rules must be filed and considered in the same manner as a late-filed paper. San Francisco, CA 94102 Court Clerk (415) 551-3747 Judge Maria E. Evangelista Civic Center Courthouse Department 403 Court Clerk (415) 551-3741 Judge Daniel A. Flores Civic Center Courthouse Department 404 Court Clerk (415) 551-3744 Judge Roger C. Chan Civic Center Courthouse Department 405 San Francisco, CA 94102 Court Clerk (415) 551-3747 7 Petitioner ) Hearing Date: January 5, 2023 6 ANTHONY SHUMSKAS, ) Case Number: FDI-20-793239 The information on this website is for general information purposes only. ) 11 ) ) 13 TENTATIVE RULING The Writs and Receivers Departments of Los Angeles County Superior Court are the second largest department for these cases in the state. Respondent filed Fresno County Court Case 20CECL04302 on August 17, 2020. Accordingly, the demur to the seventh, eight, and tenth causes of action is SUSTAINED without leave to amend. 3 UNIFIED FAMILY COURT CCP 396b(a) provides that except as otherwise provided in section 396a: (I)f an action or proceeding is commenced in a court having jurisdiction of the subject matter thereof, other than the court designated as the proper court for the trial thereof, under this title, the action may, notwithstanding, be tried in the court where commenced, unless the defendant, at the time he or she answers, demurs, or moves to strike, or, at his or her option, without answering, demurring, or moving to strike and within the time otherwise allowed to respond to the complaint, files with the clerk, a notice of motion for an order transferring the action or proceeding to the proper court, together with proof of service, upon the adverse party, of a copy of those papers. (See Donabedian v. Mercury Ins. ) Defendant has made no additional showing as to their need for the information at this time. 6 ELENA SANTIAGO, ) Case Number: FDI-13-779507 10 Respondent ) Presiding: MARIA EVANGELISTA 3 UNIFIED FAMILY COURT 13 TENTATIVE RULING The Court is unconvinced that issue sanctions are matters of default as defined under the statute. (SeePanos v. Great Western Packing Co. (1943) 21 Cal.2d 636, 638.) Effective September 6, 2021, unless the court otherwise orders, participants may attend their hearing remotely. ) Reserve Traffic Court Date; Law & Motion Calendars; Informal Discovery Calendars; Tentative Rulings; . (Evid. 3 UNIFIED FAMILY COURT CCP 2031.240(c)(1). Law and motion and ex parte applications in a direct calendar case are heard in the department to which the case was assigned. 11 ) ) Department 405 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. Failure to verify responses is equivalent to serving no responses at all. 8 VS. ) Hearing Time: 9:00 AM The motion has been rendered MOOT by UPAs subsequent provision of discovery responses. When an arbitration occurs in only one county, that county is the proper venue for motions to vacate the arbitration award. 3 UNIFIED FAMILY COURT 10 Respondent ) Presiding: DANIEL FLORES 6 CESAR ALDERERETE, ) Case Number: FLD-22-396959 South San Francisco, CA 94080 . 12 REVIEW HEARING ON PARENT 2 COUNTY OF SAN FRANCISCO A reservation number and information will be provided and a confirmation email is sent. ) 10 Respondent ) Presiding: MARIA EVANGELISTA 8 VS. ) Hearing Time: 9:00 AM Plaintiffs have not placed adequate information before the Court for there to be a finding of waiver. Application for this relief shall be accompanied by a copy of the answer or other pleading proposed to be filed therein, otherwise the application shall not be granted, and shall be made within a reasonable time, in no case exceeding six months, after the judgment, dismissal, order, or proceeding was taken.. 12 REVIEW HEARING ON STATUS OF CHILD'S THERA 2 COUNTY OF SAN FRANCISCO ) ) ) ) 4 7 Petitioner ) Hearing Date: December 22, 2022 3 UNIFIED FAMILY COURT 3 UNIFIED FAMILY COURT (1978) 20 Cal.3d 844, 859-862. 3 UNIFIED FAMILY COURT 5 10 Respondent ) Presiding: JUDITH HARDING Again, SRMH asks the court to strike only the prayer for attorney fees and cost of suit as well as irrelevant references to careless, reckless, wanton, unlawful, offensive, and grossly negligent conduct. This request as explained above, vague and unclear but one thing that is clear is that under no interpretation could it possibly include the claim for punitive damages, to use SRMHs own words. ) ) 10 Respondent ) Presiding: DANIEL FLORES 9 LLANCARLO ROMO(BOLANOS), ) Department: 403 8 VS. ) Hearing Time: 9:00 AM The burden requires the moving party to negate all of the possible bases for venue. ) ) ) ) 11 ) 11 ) ) 9 NICA DAWN DESTEFANO, ) Department: 404 ) Proc. 6 JACQUELINE M SCHLIFKE, ) Case Number: FDI-15-783643 9 LAWRENCE F. DE MARCO, ) Department: 403 Defendant is not named as an individual in the FAC, he is only named in his capacity as a trustee. 6 DARIA DOGALAKOVA, ) Case Number: FDV-21-815634 ) 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. ) Ibid. Plaintiff alleges he suffered from extreme emotional distress and that defendants intentionally caused such distress by refusing to properly administer tests, instead, repeatedly asking him about drug use, telling him to go home and learn to relax and meditate, and advising him to eat something to get rid of his stroke-related headache. (Complaint, 76.) ) Department 403 ) Plaintiff provides the physicians note on which Plaintiff was relying in seeking accommodation and this note provides some explanation of Joes condition. 6 HONG WEI XU, ) Case Number: FDI-22-796610 Ray & Bishop routinely pursues petitions for writ of administrative mandamus for our clients in California, gaining the insight and experience necessary to identify a favorable venue for a case. 11 ) 10 Respondent ) Presiding: DANIEL FLORES Plaintiff seeks $1,500 for two motions, representing expended attorney time and fees. 10 Respondent ) Presiding: DANIEL FLORES ) ) 8 VS. ) Hearing Time: 9:00 AM The court agrees the seventh, eight, and tenth causes of action plead by Plaintiff are in fact damages and not causes of action. ) Valley Bank of Nevada, supra, 15 Cal.3d 658. 11 ) A Practice Limited to Licenses and Regulatory Law. 8 VS. ) Hearing Time: 9:00 AM 14 2 COUNTY OF SAN FRANCISCO 10 Respondent ) Presiding: DANIEL FLORES ) 7 Petitioner ) Hearing Date: January 12, 2023 The Motion is GRANTED. 5 "A person desiring to appear as counsel pro hac vice in a superior court must file with the court a verified application together with proof of service by mail.". (See Barris v. County of Los Angeles (1999) 20 Cal.4th 101.) ) Law (9th ed. 6 COUNTY OF SAN FRANCISCO, ) Case Number: FCS-11-346715 9 ULRICH SCHMID-MAYBACH, ) Department: 403 7 Petitioner ) Hearing Date: January 12, 2023 ) 11 ) 3 UNIFIED FAMILY COURT 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. 3 UNIFIED FAMILY COURT 14 2 COUNTY OF SAN FRANCISCO Rule 3.1113 amended effective January 1, 2017; adopted as rule 313 effective January 1, 1984; previously amended and renumbered as rule 3.1113 effective January 1, 2007; previously amended effective July 1, 1984, January 1, 1992, July 1, 1997, July 1, 2000, January 1, 2003, January 1, 2004, January 1, 2008, July 1, 2011, and January 1, 2016. 3 UNIFIED FAMILY COURT 6 DANIEL SIEGLER, ) Case Number: FDI-20-794099 11 ) ) ) ) ) The Court signed the order regarding the sanctions on June 15, 2022, in open court, with Ms. Smith present. (Central Pathology Service Med. This matter was continued for the parties to meet and confer. 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. 4 UNIFIED FAMILY COURT Local Rule 8.1 provides a detailed description of the types of motions that are heard in the Law and . The court therefore SUSTAINS the demur to the eleventh cause of action without leave to amend, as Plaintiffs claims are directly related the professional services received. 11 ) 8 VS. ) Hearing Time: 9:00 AM 12 REQUEST FOR ORDER RE: SPOUSAL OR 1 11 ) ) 6 CHRISTOPHER JAMES RIVERS, ) Case Number: FMS-17-387056 ) 6 COUNTY OF SAN FRANCISCO, ) Case Number: FCS-22-355607 ) The court notes the opposition is untimely and does not make any such argument related to the substance of this motion. 7 Petitioner ) Hearing Date: January 5, 2023 12 REQUEST FOR ORDER RE: ATTORNEY FEES 2 COUNTY OF SAN FRANCISCO 511 Law & Motion Schedule: Monday and Tuesday at 9:30 a.m. Wednesdays at 1:30 p.m. 7 Petitioner ) Hearing Date: January 10, 2023 6 REBECCA REBECCA SKINNER, ) Case Number: FDI-06-762767 ) (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. Pretrial Order for NON-COMPLEX Case s. CMC Order for COMPLEX Case s. Danny Y. Chou, Civil Judge. 12 REQUEST FOR ORDER BIFURCATION FOR STATUS ONLY D 2 COUNTY OF SAN FRANCISCO Phone: 415-705-1033 H. Eleventh Cause of Action - Punitive Damages. Civ. Civil Law & Motion Tentative Rulings Effective January 1, 2021, San Mateo Superior Court is a direct calendar court for all Civil Matters. 9 XUE YING YANG, ) Department: 403 ) ) On January 6, 2023, Plaintiff filed an opposition. 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. 3 UNIFIED FAMILY COURT ) ) ) 7 Petitioner ) Hearing Date: January 3, 2023 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. If in electronic form, the authority must be electronically bookmarked as required by rule 3.1110(f)(4). ) ) Service to the other party or their lawyer may be done either by mail or in person. 10 Respondent ) Presiding: MARIA EVANGELISTA 6 YUNI HEFFERNAN, ) Case Number: FDI-22-797102 6 DIANA AI HUANG, ) Case Number: FDI-22-796207 5 ) United Family Court: UFCEfiling@sftc.org. 9 JAMES M. BATARA SEVERSON, ) Department: 403 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. ) 5 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). 10 Respondent ) Presiding: MARIA EVANGELISTA 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 FOR CHANGE OF 2 COUNTY OF SAN FRANCISCO 6 9 TONYA ELLESTON, ) Department: 404 ) ) G. D. Searle & Co. v. Superior Court(1975) 49 Cal.App.3d 22, 28. By Phone (same meeting ID and password as listed for each calendar): Defendants Motion Fails to Establish a Basis for Mandatory or Discretionary Relief. 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 Leave a message with the following information: Your name, and that you want to appear. 5 Joseph Winer (Winer), in order to determine the validity of Plaintiffs claims that Joes condition warranted the requested accommodation. 3 UNIFIED FAMILY COURT ) 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. Ex Parte Motion Superior Court of California San Francisco Timing Notice. Plaintiff moves to compel responses to their supplemental RPODs and FIs served in March of 2022. 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. 10 Respondent ) Presiding: MARJORIE SLABACH ) 6 BONNIE-JEAN DOUGHERTY, ) Case Number: FDI-05-758119 (CCP 1010.6; California Rule of Court (CRC) 2.251(c)(3)(B).) ) A motion to strike may attack any irrelevant, false, or improper matter in any pleading, or to strike a pleading that is not drawn or filed in conformity with the laws of this state. (CCP 436.) 11 ) ) ) 3 UNIFIED FAMILY COURT 8 VS. ) Hearing Time: 9:00 AM ) Ct. (1986) 186 Cal.App.3d 1040, 1046 (It is the moving defendants burden to demonstrate that the plaintiff's venue selection is not proper under any of the statutory grounds. 10 Respondent ) Presiding: MARIA EVANGELISTA 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. ) The tentative rulings will become the ruling of the Court unless a party desires to be heard. ) ) ) 3 UNIFIED FAMILY COURT 12 OTHER REVIEW HEARING ) Nonetheless, numerous factors weigh against discovery of the records at issue. 10 COLETTE WHORISKEY, ) Department: 404 6 RADHEY SHYAM, ) Case Number: FDI-19-792403 11 Respondent ) Presiding: DANIEL FLORES San Francisco, California 94102-3688. ) 2 COUNTY OF SAN FRANCISCO The California Rules of Court state how to prepare and when to file documents. ) ) 12 REQUEST FOR ORDER OF CHANGE OF CHILD CUSTODY 2 COUNTY OF SAN FRANCISCO 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. 3 UNIFIED FAMILY COURT 13 TENTATIV 2 COUNTY OF SAN FRANCISCO The Motion is DENIED. In a summary judgment or summary adjudication motion, no opening or responding memorandum may exceed 20 pages. 1.2 and United States Code 5 U.S.C. 2 COUNTY OF SAN FRANCISCO 10 Respondent ) Presiding: DANIEL FLORES ) Demurrer is sustained, in part, and overruled, in part. Conduct falling below the standard of care does not constitute excusable neglect as required under the discretionary portion of CCP 473(b). 3 UNIFIED FAMILY COURT 5 8 VS. ) Hearing Time: 9:00 AM ) 7 Petitioner ) Hearing Date: January 17, 2023 ) 12 ORDER OF EXAMINATION ISSUED 8 VS. ) Hearing Time: 9:00 AM Proc. 6 COUNTY OF SAN FRANCISCO, ) Case Number: FCS-14-349954 However, Plaintiffs request that the Court find that UPAs objections have been waived by their untimely response. 7:9-10.). ) 9 JIAYING HE, ) Department: 403 10 Respondent ) Presiding: MARIA EVANGELISTA ) ) 11 ) A party filing a motion, except for a motion listed in rule 3.1114, must serve and file a supporting memorandum. ) CCP 1292.2. 10 Respondent ) Presiding: MARJORIE SLABACH Plaintiffs have equally made no effort to show that UPAs responses containing reference to CCP 2030.230 were not in the original responses. 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