11 ) ) Moreover, as Defendant points out, Plaintiff put Joes condition, and thus the records and information, directly at issue. Local Rule 8.1 provides a detailed description of the types of motions that are heard in the Law and Motion Departments. The moving party shall file a declaration with the demurrer as to the meet and confer efforts. ) ) Law and motion and ex parte applications in all other cases, including unlawful detainers, are heard in Department 511. ) 7 Petitioner ) Hearing Date: January 12, 2023 However,appearances by Zoom are STRONGLY encouraged. 10 Respondent ) Presiding: MARIA EVANGELISTA ) 11 ) 10 Respondent ) Presiding: MARIA EVANGELISTA 5 Mandatory relief is only proper where default or dismissal has been entered as a result of the acts or omissions of the attorney. 6 REBECCA REBECCA SKINNER, ) Case Number: FDI-06-762767 9 GLORIA KATIA FLORES ALCA, ) Department: 404 (415) 551-3962, Court Supervisor - Courtroom Clerks 5 ) 11 ) ) 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. ) 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. 8 VS. ) Hearing Time: 9:00 AM Plaintiff alleges that Defendants should have been aware of their substantial risk of harm from driving under the influence of alcohol just based upon his driving experience. ) ) 11 ) ) A motion to strike lies where a pleading contains irrelevant, false, or improper matter[s] or is not drawn or filed in conformity with the laws of this state, a court rule, or an order of the court. CCP 436(b). 5 Sacramento County Superior Court Prerogative Writ Departments. Motion to Strike is denied. The court may correct clerical mistakes in its judgment or orders as entered, so as to conform to the judgment or order directed. CCP section 473(d). 6 SARAH POOLE, ) Case Number: FDV-22-816259 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. Untimely responses to discovery requests waive all objections. 8 VS. ) Hearing Time: 9:00 AM 10 Respondent ) Presiding: DANIEL FLORES 3 UNIFIED FAMILY COURT 9 PETER AVRITCH, ) Department: 404 Legal advertisement. ) ) 10 Respondent ) Presiding: DANIEL FLORES ) ) 10 Respondent ) Presiding: MARIA EVANGELISTA The Court heard the matter on May 4, 2022, and SFPKOA failed to challenge the tentative ruling. Clerk's Office Appointments (Civil or Family), Child Custody, Guardianship and Domestic Violence Recommending Counseling, Pre-grants, Continuances, Drops, & Tentative Rulings, Archived General Orders Regarding COVID-19, Alameda - George E. McDonald Hall of Justice Livestreams, Dublin - East County Hall of Justice Livestreams, Oakland - Administration Building Livestreams, Oakland - Ren C. Davidson Courthouse Livestreams, Oakland - Wiley W. Manuel Courthouse Livestreams, San Leandro - Juvenile Justice Center Livestreams. 12 REQUEST FOR ORDER OF CHANGE OF CHILD CUSTODY 2 COUNTY OF SAN FRANCISCO 6 PHILLIP ELLESTON, ) Case Number: FDI-12-777999 7 Petitioner ) Hearing Date: December 27, 2022 Jerry's Shell v. Equilon Enterprises, LLC(2005) 134 Cal.App.4th 1058, 1073. Accordingly, the complaint is judicially noticeable, although the court may not judicially notice the truth of assertions made in the complaint. Strategic discovery abuses are not a proper basis for mandatory relief. 9 DAVID STEWART, ) Department: 404 Default was entered against Defendant on August 19, 2021. ) Dept. Rules of Ct. 9.40 (c) (1) .) 9 EDGAR R GUZMAN, ) Department: 403 (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. 11 ) ) 5 Accordingly, the court DENIES the motion on this basis as to the request to strike irrelevant references to careless, reckless, wanton, unlawful, offensive, and grossly negligent conduct, or, indeed, anything other than the request for attorneys fees and costs. ) ) ) 7 KEVIN MCHUGH, ) Case Number: FDI-11-774708 ) Law & Motion Judge - January 2, 2018 to December 31, 2018 Family Law Judge - September 19, 2014 to December 31, 2017. . The opposition and the reply both merit consideration. ) 2 COUNTY OF SAN FRANCISCO See, e.g. ) ) File & ServeXpress has been providing electronic filing and service in San Francisco Superior Court cases since 1998. . ) 8 VS. ) Hearing Time: 9:00 AM ) 10 Respondent ) Presiding: MARJORIE SLABACH Generally, supplemental demands to RPODs may be served twice prior to trial setting, and once after the initial setting of a trial date, requesting that the prior production be updated and affirmed. 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. Therefore, the Court cannot find that UPA has waived their objections. Reputation. 7 Petitioner ) Hearing Date: December 29, 2022 8 VS. ) Hearing Time: 9:00 AM ) (1993) 18 Cal.App.4th 919, 933; see also Britt v. Sup.Ct. 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. 10 Respondent ) Presiding: JUDITH HARDING ) 10 Respondent ) Presiding: DANIEL FLORES ) When an arbitration occurs in only one county, that county is the proper venue for motions to vacate the arbitration award. ) Food 4 Less Supermarkets, Inc. v. Superior Court(1995) 40 Cal.App.4th 651, 657. ) See also Mitchell v. Sup. ) 11 ) 6 JESSE H KONIUK, ) Case Number: FDI-21-794578 3 UNIFIED FAMILY COURT 8 VS. ) Hearing Time: 9:00 AM ) . 11 ) ) 5 Effective December 4, 2020, reservations for most Civil Independent Calendar Department motions may be made using the Courts Reserve a Motion Date application which can be accessed by clicking here or the link on the Courts homepage under Online Services.To schedule a hearing, call the numbers listed below. ) 8 VS. ) Hearing Time: 9:00 AM 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. 12). 5 8 VS. ) Hearing Time: 9:00 AM The preparing party shall submit the proposed order and any objections to the court in accordance with California Rules of Court, Rule 3.1312. A memorandum that exceeds 10 pages must include a table of contents and a table of authorities. 5 As such, any venue determinations are properly derived under that section of the CCP. Demurrer is sustained, in part, and overruled, in part. If in paper form, the authority must be tabbed or separated as required by rule 3.1110(f)(3). 8 VS. ) Hearing Time: 9:00 AM However, Plaintiffs request that the Court find that UPAs objections have been waived by their untimely response. 12 REQUEST FOR ORDER FOR CHANGE OF VIS 2 COUNTY OF SAN FRANCISCO ) See Rodriguez v. Brill(2015) 234 Cal.App.4th 715, 729. 100 PLEASE NOTE:The Courts Official Court Reporters are not available within the meaning of California Rules of Court, Rule 2.956, for court reporting of civil cases. 5th 531, 557 & fn. 12 REQUEST FOR ORDER RE: SALE OF REAL PROPERTY TO PAY 2 COUNTY OF SAN FRANCISCO 11 ) ) 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 . 5 There is no evidence that responses which comport with the Courts order were ever served. ) 11 ) ) 8 VS. ) Hearing Time: 9:00 AM ) 9 SUNG MO CHUNG, ) Department: 403 The only discovery responses which SFPKOA alleges to have served on August 23, 2021 still have no verifications attached or submitted to the court. ) 6 JUSTIN GUERRERO-HOBBS, ) Case Number: FMS-17-386976 ) 9 CYNTHIA CHERIN, ) Department: 403 ) Local Rule 8.1 provides a detailed description of the types of motions that are heard in the Law and . 12 REQUEST FOR ORDER RE: SPOUSAL OR 1 Department 403 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. 3 UNIFIED FAMILY COURT Food 4 Less Supermarkets, Inc. v. Superior Court(1995) 40 Cal.App.4th 651, 657. ) (Chan) (1997) 57 CA4th 1546, 1551, 67 CR2d 804, 807 (disapproved on other grounds by Wilcox v. Birtwhistle (1999) 21 Cal.4th 973, 982, fn. ) 11 ) ) 8 VS. ) Hearing Time: 9:00 AM 6 DANIELLE SCHMID-MAYBACH, ) Case Number: FDI-22-796538 9 MICHAEL PUENTE, ) Department: 403 ) 511 Law & Motion Schedule: Monday and Tuesday at 9:30 a.m. Wednesdays at 1:30 p.m. The motion is GRANTED with leave to amend. See, e.g. 9 KIM SENG TANG, ) Department: 404 8 VS. ) Hearing Time: 9:00 AM Plaintiffs have equally made no effort to show that UPAs responses containing reference to CCP 2030.230 were not in the original responses. ) 11 ) 11 ) ) 13 REQUEST FOR ORDER RE REQUEST FOR MONETARY A 2 COUNTY OF SAN FRANCISCO 7 Petitioner ) Hearing Date: January 10, 2023 6 3 UNIFIED FAMILY COURT If a party timely brings such a motion, the court must transfer the action if it finds that the court is not a proper court. 11 ) 12 REQUEST FOR ORDER FOR CHANGE OF VISITATIO 2 COUNTY OF SAN FRANCISCO 3 UNIFIED FAMILY COURT ) A petition for coordination and other required documents are submitted to the Chair of the Judicial Council at the following address: Chair, Judicial Council of California. ) 9 JUAN J CRUZ, ) Department: 403 12 REQUEST FOR ORDER RE: COMPEL PETITION 2 COUNTY OF SAN FRANCISCO 5 ) (Complaint, 75.) 6 HONG WEI XU, ) Case Number: FDI-22-796610 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. 7 Petitioner ) Hearing Date: January 17, 2023 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). ) Plaintiff complains that he has suffered permanent injuries because of Defendants negligent or intentional failure to diagnose and treat him properly when he sought medical care at Defendant Santa Rosa Memorial Hospital (SRMH) on April 6, 2020. ) Exchange(2006) 135 Cal.App.4th 1138, 1144. , and overruled, in part, and overruled, in part 9 DAVID,... Confer efforts. parte applications in all other cases, including unlawful,... 1998.. FRANCISCO See, e.g., 657. reply both merit consideration. both merit consideration. is... V. Superior Court ( 1995 ) 40 Cal.App.4th 651, 657. shall file a declaration with Courts., 2023 However, appearances by Zoom are STRONGLY encouraged and the reply both consideration. Applications in all other cases, including unlawful detainers, are heard Department. 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