6 COUNTY OF SAN FRANCISCO, ) Case Number: FCS-22-355494 Defendant alleges, and the filings show, that the default was entered as to Defendant both as an individual, and Trustee. 3 UNIFIED FAMILY COURT 10 Respondent ) Presiding: MARIA EVANGELISTA **. ) G. D. Searle & Co. v. Superior Court(1975) 49 Cal.App.3d 22, 28. 6 COUNTY OF SAN FRANCISCO, ) Case Number: FCS-11-346715 8 VS. ) Hearing Time: 9:00 AM 8 VS. ) Hearing Time: 9:00 AM 5 5 ) 7 Petitioner ) Hearing Date: January 17, 2023 You have reviewed and understand the law and motion rules of your assigned Civil department. ) Plaintiff served SFPKOA with form interrogatories, requests for admissions, special interrogatories, and requests for production of documents on April 14, 2021. ) 12 REQUEST FOR ORDER FOR CHANGE OF VISITATIO 2 COUNTY OF SAN FRANCISCO 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. 12 REQUEST FOR ORDER FOR CHANGE OF CHILD CUSTO 2 COUNTY OF SAN FRANCISCO ) 10 Respondent ) Presiding: DANIEL FLORES ) 11 Respondent ) Presiding: MARIA EVANGELISTA 9 NICA DAWN DESTEFANO, ) Department: 404 9 MAINAK BANERJEE, ) Department: 403 12 REQUEST FOR ORDER FOR CHANGE OF CHA 2 COUNTY OF SAN FRANCISCO The Court signed the order regarding the sanctions on June 15, 2022, in open court, with Ms. Smith present. 2 COUNTY OF SAN FRANCISCO Plaintiff and SFPKOA met and conferred regarding Plaintiffs perceived insufficiencies of the responses. ) Courtroom I. ) 3 UNIFIED FAMILY COURT 5 Time of Hearing All limited and unlimited jurisdiction matters are heard in Department 302 at 9:30 a.m. Monday through Friday. (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.). (I)f a party fails to show that a judgment has been taken against him through his mistake, inadvertence, surprise or excusable neglect the court may not grant relief. Conduct falling below the standard of care does not constitute excusable neglect as required under the discretionary portion of CCP 473(b). ), 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. ) 10 Respondent ) Presiding: MARIA EVANGELISTA 9 CYRUS YAMIN, ) Department: 404 10 Respondent ) Presiding: MARIA EVANGELISTA Plaintiffs have not shown argued or indicated that the objections present in the current motion are new, or were not asserted in the original discovery responses. ) 9 RODNEL MAGAT, ) Department: 403 3 UNIFIED FAMILY COURT ) To the extent practicable, all supporting memorandums and declarations must be attached to the notice of motion. It is now for . ) A memorandum that exceeds 15 pages must also include an opening summary of argument. Proc. ) The demur is therefore SUSTAINED without leave to amend as to the second and sixth causes of action. ) The opposition and the reply both merit consideration. 5 ) See CCP 2031.300; see also Cal. ) ) ) (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.). 5 6 SUNGHEE PARK CHUNG, ) Case Number: FDI-10-772628 Court Clerk However, Defendant has provided no authority or showing that the default is void in total. Clickherefor more information about tentative rulings. 8 VS. ) Hearing Time: 9:00 AM 9 ADAM SCHLIFKE, ) Department: 404 11 ) 11 ) 10 Respondent ) Presiding: MARIA EVANGELISTA Based on the foregoing, the Motion is GRANTED. Unscheduled motions will not be heard. ) Joseph Winer (Winer), in order to determine the validity of Plaintiffs claims that Joes condition warranted the requested accommodation. 8 VS. ) Hearing Time: 9:00 AM Civic Center Courthouse Plaintiff moves to compel responses to their supplemental RPODs and FIs served in March of 2022. 10 Respondent ) Presiding: MARJORIE SLABACH 8 VS. ) Hearing Time: 9:00 AM 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. California Code of Civil Procedure Sections 1005 and 1010 et seq. 3 UNIFIED FAMILY COURT The right of privacy protects a partys medical records even if the information is relevant to the litigation. Dept. 7 Petitioner ) Hearing Date: January 12, 2023 ) ) ) 14 2 COUNTY OF SAN FRANCISCO See Camilleri Declaration(s), 10. 11 ) 11 ) Phone: 415-705-1033 Exchange(2006) 135 Cal.App.4th 1138, 1144. The court DENIES the motion. Further, he alleges that Defendants outrageous and prejudicial conduct was a direct and proximate cause of his alleged emotional distress. ) ) 7 Petitioner ) Hearing Date: December 22, 2022 6 CHRISTOFFER STANFORD THYGESEN, ) Case Number: FDV-19-814465 12 REQUEST FOR ORDER RE: TEMPORARY EMERGENCY ORDER, 2 COUNTY OF SAN FRANCISCO 7 Petitioner ) Hearing Date: December 29, 2022 8 VS. ) Hearing Time: 9:00 AM 11 ) 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. 4 UNIFIED FAMILY COURT 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. In a summary judgment or summary adjudication motion, no opening or responding memorandum may exceed 20 pages. The purpose of monetary sanctions is to mitigate the effects of the necessity of discovery motions and responses on the prevailing party. 5 Having reviewed the supplemental filings of the parties, the Court finds no basis to come to a different conclusion. 7 Petitioner ) Hearing Date: December 22, 2022 ) 10 Respondent ) Presiding: MARIA EVANGELISTA After extensions, SFPKOA served responses on May 25, 2021. 9 THEODORE LAMONT DYNIA, ) Department: 403 5 Here, Plaintiffs have extensively alleged what they contend constitutes malice. 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. 46 reviews of San Francisco Superior Court "This is one of the nicest courthouses I've been in. A party to whom a document demand is directed must respond to each item in the demand with an agreement to comply, a representation of inability to comply, or an objection. However, Plaintiffs request that the Court find that UPAs objections have been waived by their untimely response. 12 REQUEST FOR ORDER RE: LEAVE TO FILE AMENDED PETI 2 COUNTY OF SAN FRANCISCO 5 San Francisco Superior Court conducting settlement conferences for the civil and unlawful detainer calendars (2007 - 2011) and hearing discovery motions (2012 - 2014). This is an erroneous assertion, as courts of this state, including the Supreme Court of California have addressed this statute. Guide Civ. 10 Respondent ) Presiding: DANIEL FLORES He alleges that this has resulted in permanent injuries. Petitioner Just-In Time, Inc. (Petitioner) filed the petition (the Petition) in this action against Commercial Trade, Inc. (Respondent) to vacate the arbitration award entered May 26, 2021 (the Arbitration Award). 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 REVIEW HEARING ON STATUS OF CHILD'S THERA 2 COUNTY OF SAN FRANCISCO See Cal Rule of Court, Rule 3.1300 (d). ) 7 Petitioner ) Hearing Date: January 17, 2023 11 ) The San Francisco Superior Court offers online access to Civil case filings, Tentative Rulings, and pay Traffic citations. 6 SEEMA HAJI, ) Case Number: FDI-16-785594 After all, while Joes condition may be at issue, the claims do not hinge on the details of that condition but on the reasonableness and correctness of Defendants conduct. 9 VELJON JEANELLE COMBS, ) Department: 403 11 ) ) ) 12 REQUEST FOR ORDER OF CHILD CUS 2 COUNTY OF SAN FRANCISCO ) 12 REQUEST FOR ORDER RE: SIGN QDRO 2 COUNTY OF SAN FRANCISCO Department 404 5 10 Respondent ) Presiding: JUDITH HARDING ) 5 The records and information sought are directly relevant to that determination. 9 LUCY GUEVARA, ) Department: 403 9 MICHAEL PUENTE, ) Department: 403 3 UNIFIED FAMILY COURT UPA and/or their attorney are to pay $1,500 to Plaintiffs within 30 days of this order. ) ) 8 VS. ) Hearing Time: 9:00 AM 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. 8 VS. ) Hearing Time: 9:00 AM 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). ) ) Read Calendar User Agreement and select "I Agree", Enter your Case Number and select "Submit". Therefore, the Court cannot find that UPA has waived their objections. ) Donna Guillory 3 UNIFIED FAMILY COURT 6 XINYI VENTALI TAN, ) Case Number: FDV-22-816325 12 REQUEST FOR ORDER FOR CHANGE OF TEMPORARY EMER 2 COUNTY OF SAN FRANCISCO 5 11 Respondent ) Presiding: MARJORIE SLABACH 100 573, 574; Thomson v. L.C. 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. Id., 4-5. 3 UNIFIED FAMILY COURT They must do more than show the possibility it may lead to relevant information. 13 TENTATIVE RULING Service to the other party or their lawyer may be done either by mail or in person. The moving party shall file a declaration with the demurrer as to the meet and confer efforts. ) 3 UNIFIED FAMILY COURT 8 VS. ) Hearing Time: 9:00 AM 12 REQUEST FOR ORDER RE: SALE OF REAL PROPERTY TO PAY 2 COUNTY OF SAN FRANCISCO 5 ) ) 7 Petitioner ) Hearing Date: December 22, 2022 3 UNIFIED FAMILY COURT Local Rules of Court Effective January 1, 2023, 2023 Superior Court of California - County of San Francisco, Caf at Civic Center Courthouse - Starchef, Information Regarding Coronavirus and Court Operations, Local Rules of Court Effective July 1, 2022, Local Rules of Court Effective May 10, 2022, Local Rules of Court Effective April 1, 2022, Local Rules of Court Effective January 1, 2022, Local Rules of CourtEffective July1, 2021, Local Rules of CourtEffective January 1, 2021, Local Rules of Court Effective July 1, 2020, Local Rules of Court Effective January 1, 2020. 9 LORENA HERNANDEZ, ) Department: 403 5 10 Respondent ) Presiding: MARJORIE SLABACH ), (e) Application to file longer memorandum. 6 JESSE H KONIUK, ) Case Number: FDI-21-794578 6 COUNTY OF SAN FRANCISCO, ) Case Number: FCS-22-355509 (MP&A p. ) 11 ) 10 Respondent ) Presiding: DANIEL FLORES See also rule 1.200 concerning the format of citations. 3 UNIFIED FAMILY COURT 11 ) The motion was rejected by San Francisco Superior Court Judge Richard Ulmer on December 30, 2022. ) 4 8 VS. ) Hearing Time: 9:00 AM 8 VS. ) Hearing Time: 9:00 AM 11 ) 3 UNIFIED FAMILY COURT 1.2 and United States Code 5 U.S.C. 2 COUNTY OF SAN FRANCISCO ) 6 COUNTY OF SAN FRANCISCO, ) Case Number: FCS-22-355607 ) will be able to access it on trellis. 8 VS. ) Hearing Time: 9:00 AM 7 Petitioner ) Hearing Date: December 13, 2022 ) 3 UNIFIED FAMILY COURT This is without prejudice to Defendant seeking some additional medical information should it demonstrate a specific, particularized need as explained below. 10 Respondent ) Presiding: MARIA EVANGELISTA ) 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 11 ) 5 Where no response was served to a FI, there is no time requirement in moving to compel, nor any requirement to meet and confer. ) ) 5 11 ) ) CRC 3.1203(a) (amended eff 1/1/08).When notice of an ex parte application is given, the person giving . 11 ) 12 OTHER REVIEW HEARING ) 11 ) Results. The court must not require any other form of citation. 7 Petitioner ) Hearing Date: December 22, 2022 3 UNIFIED FAMILY COURT Non-discovery Law and Motion Matters. Except in a summary judgment or summary adjudication motion, no opening or responding memorandum may exceed 15 pages. ) 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. apply to ex parte applications. Mandatory relief provisions are not applicable to other forms of orders. ) The Court clearly has jurisdiction over Defendant as trustee, as he is properly named in the FAC, he is properly served, and he is adequately named in the default in this capacity. 11 ) 6 KITTY TRAWINSKI, ) Case Number: FDI-11-775537 12 REQUEST FOR ORDER RE: CHANGE OF SPOUSAL OR PARTNER 3 COUNTY OF SAN FRANCISCO 7 Petitioner ) Hearing Date: December 22, 2022 10 Respondent ) Presiding: DANIEL FLORES Based on the foregoing, Plaintiffs motion is MOOT. ) 11 ) 11 ) Responding Defendant and/or her attorney are to pay $1,500 to Defendant within 30 days of this order. Paralegal Manual, San Francisco Probate Court, Self-Represented Guardianship Program (Prepared by the Superior Court of California, County . 8 Please see Google Maps for a map and directions to the immigration court. ) 2 See below for additional requirements for unlawful detainers and other civil cases. ) Local Rule 8 governs the procedures for petitions for writ of administrative mandamus. By contrast, Defendant argues, in part, that it did not fail to provide reasonable accommodations or otherwise violate FEHA because Joes condition was not such that Plaintiff was entitled to the accommodations requested. 6 W. BLAKE BAIRD, ) Case Number: FDI-14-780837 ) ) 10 Respondent ) Presiding: DANIEL FLORES ) 6 ALEXANDRIA DELOZADA, ) Case Number: FLD-16-396426 12 OTHER REVIEW HEARING 5 This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship. Or summary adjudication motion, no opening or responding memorandum may exceed pages. 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