), 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. Defaults: (415) 551-5921 or (415) 551-5969. 7 Petitioner ) Hearing Date: January 3, 2023 ) ) ), (e) Application to file longer memorandum. The court must not require any other form of citation. Please wait a moment while we load this page. 9 ULRICH SCHMID-MAYBACH, ) Department: 403 (Evid. Superior Court of California San Francisco Timing Sixty (60) Days After Commencement of the Action > > Read More.. > > Read More.. Scheduling Summary Judgment Motion > > Read More.. Scheduling the Hearing. 11 ) ) 7 Petitioner ) Hearing Date: December 27, 2022 ) 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. Legal advertisement. 7 Petitioner ) Hearing Date: January 12, 2023 You can always see your envelopes Los Angeles County Superior Court Writs and Receivers. Unscheduled motions will not be heard. ) ) 3 UNIFIED FAMILY COURT Your volunteer work will take place at the Civic Center Courthouse (400 McAllister at Polk), where the kinds of cases ACCESS assists people with are handled. ) 7 Petitioner ) Hearing Date: December 29, 2022 3 UNIFIED FAMILY COURT Where no response was served to a FI, there is no time requirement in moving to compel, nor any requirement to meet and confer. ) 9 JONATHAN TRAWINSKI, ) Department: 404 8 VS. ) Hearing Time: 9:00 AM However, falsity, must be demonstrated by reference to the pleading itself of judicially noticeable matters, not extraneous facts. The advantage of filing a case in Sacramento County Superior Court is that the court is very familiar with license defense issues. 7 Petitioner ) Hearing Date: January 3, 2023 6 HILL M PASHALIDES, ) Case Number: FDI-20-793829 ) As with demurrers, the policy is to construe pleadings liberally with a view to substantial justice. (CCP 452.) ) Local Rule 8.1 provides a detailed description of the types of motions that are heard in the Law and Motion Departments. 11 ) 5 Time of Hearing All limited and unlimited jurisdiction matters are heard in Department 302 at 9:30 a.m. Monday through Friday. 9 TIMON KARLEUNG SOOHOO JR, ) Department: 404 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. 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. 7 Petitioner ) Hearing Date: January 10, 2023 8 VS. ) Hearing Time: 9:00 AM 6 YERAY LARA MARTIN, ) Case Number: FDI-22-795874 ) Proc. 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. ) ) ) The court must balance the interests, weighing the privacy right at issue against the public interest in obtaining just results. 5 12 REQUEST FOR ORDER FOR CHANGE OF CHILD 2 COUNTY OF SAN FRANCISCO Plaintiff provides the physicians note on which Plaintiff was relying in seeking accommodation and this note provides some explanation of Joes condition. 13 TENTATIVE RULING 6 JENNIFER HSIN-SHENG CHANG, ) Case Number: FDI-20-794060 The California Rules of Court state how to prepare and when to file documents. This is without prejudice to Defendant seeking some additional medical information should it demonstrate a specific, particularized need as explained below. 7 Petitioner ) Hearing Date: December 29, 2022 10 Respondent ) Presiding: MARIA EVANGELISTA This matter is on calendar for Moving Defendants motion to strike the request for punitive damages from the Complaint pursuant to Cal. Court Clerk Allen v. Sup.Ct. 5 11 ) If papers are served by personal service, service must be made at least 16 court days before the hearing. 12 REQUEST FOR ORDER RE: APPOINTMENT OF CLER 2 COUNTY OF SAN FRANCISCO The court DENIES the motion. It is uncontested that UPA has served supplemental responses at the time of this hearing. You will lose the information in your envelope. ) They must do more than show the possibility it may lead to relevant information. 12 OTHER REVIEW HEARING 12 REQUEST FOR ORDER DISSOLUTION OF MARRIAGE ONL 2 COUNTY OF SAN FRANCISCO ) See Rodriguez v. Brill(2015) 234 Cal.App.4th 715, 729. 10 Respondent ) Presiding: MARJORIE SLABACH 3 UNIFIED FAMILY COURT 11 ) The court may, upon any terms as may be just, relieve a party or his or her legal representative from a judgment, dismissal, order, or other proceeding taken against him or her through his or her mistake, inadvertence, surprise, or excusable neglect. (Ferraro v. Camarlinghi (2008) 161 Cal.App.4th 509, 528. Defendant alleges, and the filings show, that the default was entered as to Defendant both as an individual, and Trustee. ) ) 5 ) 6 JACQUELINE M SCHLIFKE, ) Case Number: FDI-15-783643 ) 6 SARAH POOLE, ) Case Number: FDV-22-816259 CourtCall is not permitted for this calendar. ) Sacramento County Superior Court Prerogative Writ Departments. ) 100 ) 11 ) 3 UNIFIED FAMILY COURT Law and Motion Departments 53 and 54 hear all other civil motions, petitions for change of name, and applications for appointment of guardian ad litem. A motion to strike may be based on failure to comply with form or procedures applicable to pleadings. 10 Respondent ) Presiding: MARIA EVANGELISTA ) 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). ) 3 UNIFIED FAMILY COURT ) 5 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. All pending and newly filed civil cases are assigned to one of five Civil Judges for all purposes. ) ) Failure to verify responses is equivalent to serving no responses at all. 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]. 3 UNIFIED FAMILY COURT 7 Petitioner ) Hearing Date: January 5, 2023 ) ) ) ) 7 Petitioner ) Hearing Date: January 12, 2023 Therefore, it lies only where the defects appear on the face of the pleading or are judicially noticed. (SKF Farms v. Superior Court (1984) 153 Cal.App.3d 902, 905.) ) 6 ANDREW KOKLIONG GAN, ) Case Number: FDI-16-785159 9 THABITI HAYES, ) Department: 404 8 VS. ) Hearing Time: 9:00 AM ) 8 VS. ) Hearing Time: 9:00 AM 6 JOSE CARLOS SALAS PILLACA, ) Case Number: FDI-20-793011 ) ) 6 XINYI VENTALI TAN, ) Case Number: FDV-22-816325 (Subd (l) relettered effective January 1, 2008; adopted as subd (h) effective July 1, 1997; relettered as subd (i) effective July 1, 2000; previously amended effective January 1, 2003; previously amended and relettered as subd (k) effective January 1, 2004, and as subd (m) effective January 1, 2007.). ) (5th Ed.2008, March 2020 Update) Judgment 67-70. ) 9 VS. ) Hearing Time: 9:00 AM 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. Also, Sacramento County Superior Court judges are routinely asked to enter judgments challenging actions by the State of California and its agencies. His life and legacy. 7 Petitioner ) Hearing Date: January 10, 2023 ) 3 UNIFIED FAMILY COURT ) Jerry's Shell v. Equilon Enterprises, LLC(2005) 134 Cal.App.4th 1058, 1073. 12 REQUEST FOR ORDER RE: DETERMINATION OF PREVAILIN 2 COUNTY OF SAN FRANCISCO Court Clerk A consumer whose personal records have been subpoenaed may file a motion to quash a subpoena but may instead merely serve the subpoenaing party, custodian, and deposition officer with written objections stating the specific grounds. ) 7 Petitioner ) Hearing Date: December 22, 2022 Unlawful Detainer Matters - 5 days before the trial court proceeding Civil and Probate - 2 weeks before the trial court proceeding Failure to make the request within the time perimeters listed above may result in the courts inability to honor your request in a timely manner, on the day of your hearing. 12 REQUEST FOR ORDER RE SPOU 3 COUNTY OF SAN FRANCISCO 11 ) ) 6 NATALIA V KORITSKAYA, ) Case Number: FDI-15-783392 6 CHRISTOPHER BROWN, ) Case Number: FLD-22-396948 Co. (2004) 116 Cal.App.4th 968, 994.) 13 TENTATIVE RULING ) 14 2 COUNTY OF SAN FRANCISCO was before the court on the motion for summary judgment, and it was for the trial court in the first instance to determine whether the question could be decided as a matter of law. 13 TENTATIVE RULING 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. Ellis v. Toshiba America Information Systems, Inc.(2013) 218 Cal.App.4th 853, 878. ) ) 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. 3 UNIFIED FAMILY COURT ) The prevailing party shall prepare and serve a proposed order consistent with this tentative ruling within five days of the date set for argument of this matter. ( Cal. Judges often set a motion cut-off date or deadline. ) 8 VS. ) Hearing Time: 9:00 AM 9 ADAM SCHLIFKE, ) Department: 404 7 Petitioner ) Hearing Date: January 10, 2023 You can also postpone your jury duty electronically, by logging into the jury system using your Juror ID and PIN provided to you on your jury summons. Call the Law and Motion Oral Argument Request Line at (916) 874-2615 by 4:00 p.m. the Court day before the hearing and advise opposing counsel. 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. 10 Respondent ) Presiding: DANIEL FLORES ) The records and information sought are directly relevant to that determination. 12 REQUEST FOR ORDER RE: ATTORNEY FEES AND C 2 COUNTY OF SAN FRANCISCO 12 REQUEST FOR ORDER FOR CHANGE OF VIS 2 COUNTY OF SAN FRANCISCO 9 CYRUS YAMIN, ) Department: 404 ) 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 . ) ) (CCP 430.41(a)(3).) Upon the hearing of the motion the court shall, if it appears that the action or proceeding was not commenced in the proper court, order the action or proceeding transferred to the proper court.. ) 9 THEODORE LAMONT DYNIA, ) Department: 403 6 RADHEY SHYAM, ) Case Number: FDI-19-792403 8 VS. ) Hearing Time: 9:00 AM ) 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. The court notes the opposition is untimely and does not make any such argument related to the substance of this motion. The memorandum must contain a statement of facts, a concise statement of the law, evidence and arguments relied on, and a discussion of the statutes, cases, and textbooks cited in support of the position advanced. 10 Respondent ) Presiding: MARJORIE SLABACH 11 ) ) 7 WILLIAM D ROSS, ) Case Number: FDI-20-794096 In a demurrer proceeding, the defects must be apparent on the face of the pleading or via proper judicial notice. 5 San Francisco County Superior Court Law and Motion Department. (Code of Civil Procedure (CCP) 430.41.). 7 Petitioner ) Hearing Date: January 10, 2023 ) ) Ct. (1982) 32 Cal.3d 211, 214 (motion to strike lies against request for punitive damages when the claim sued upon would not support an award of punitive damages as a matter of law). 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. Department 404 ), The elements the cause of action for a claim of intentional infliction of emotional distress are: (1) extreme and outrageous conduct by the defendant with the intention of causing, or reckless disregard of the probability of causing, emotional distress; (2) the Plaintiff's suffering severe or extreme emotional distress; and (3) actual and proximate causation of the emotional distress by the defendant's outrageous conduct. (Christensen v. Superior Court (1991) 54 Cal.3d 868, 903, internal citation omitted.) 8 ) UPA served the original responses to the same RPODs and FIs months prior. 3 UNIFIED FAMILY COURT 11 ) 11 ) Beginning June 15, 2021, all courthouses are open to the public and most in-person services are restored. 5 ) 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. 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