6 ROBERT ELLIOTT WHITEMAN, ) Case Number: FDV-22-816509 Plaintiffs David Pelayo, Roberto Hernandez, Edmond Andre, Bryan Munoz and Brian Medeiros (Plaintiffs), filed the complaint in this action against Utility Partners of America, LLC (UPA or Defendant) arising out of alleged violations of employment law (the Complaint). ) Based on the foregoing, motion is DENIED. ) 10 Respondent ) Presiding: MARIA EVANGELISTA 3 UNIFIED FAMILY COURT ) 6 ALEXANDRIA DELOZADA, ) Case Number: FLD-16-396426 3 UNIFIED FAMILY COURT Even very personal, confidential matters may need to be disclosed if essential to a fair determination of the lawsuit. Morales v. Sup.Ct. The application must state reasons why the argument cannot be made within the stated limit. ) 10 Respondent ) Presiding: MARIA EVANGELISTA ) 3 UNIFIED FAMILY COURT This matter is on calendar for SFPKOA motion for leave to set aside the issue sanctions entered by the Court on May 4, 2022, pursuant to California Code of Civil Procedure (CCP) 473(b) on the basis of neglect of counsel. ) 6 TAHIRAH WOODARD, ) Case Number: FDV-21-815836 3 UNIFIED FAMILY COURT ) ) 3 UNIFIED FAMILY COURT ) ) Therefore, the demur to the ninth cause of action is OVERRULED. Plaintiff is evidently not claiming any further conditions and the information provided is sufficient on its face to provide Defendant with enough information regarding it. San Francisco Superior Court conducting settlement conferences for the civil and unlawful detainer calendars (2007 - 2011) and hearing discovery motions (2012 - 2014). ) 11 ) . 8 VS. ) Hearing Time: 9:00 AM 6 ULIANA POPOV, ) Case Number: FDI-20-793286 ) 11 ) 9 GEORGE FAVVAS, ) Department: 403 You must serve the other party or their lawyer with a copy of your motion. 5 ) ), 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. Law and motion and ex parte applications in all other cases, including unlawful detainers, are heard in Department 511. 11 ) 6 COUNTY OF SAN FRANCISCO, ) Case Number: FCS-22-355509 Defendant served two subpoenas for Joes medical records, one on Kaiser Permanente (Kaiser) and one on Ds. Guide to the San Francisco Superior Court. If in electronic form, the authority must be electronically bookmarked as required by rule 3.1110(f)(4). 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). ) 8 VS. ) Hearing Time: 9:00 AM ) 8 VS. ) Hearing Time: 9:00 AM Ct. (Marshalls of CA, LLC) (2017) 3 Cal. 7 Petitioner ) Hearing Date: December 22, 2022 A noticed motion is when the opposing party was given advance notice of the hearing. 10 Respondent ) Presiding: MARJORIE SLABACH 12 ) ) 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. ) ) Kwan Software Engineering, Inc. v. Hennings(2020) 58 Cal.App.5th 57, 81. 13 TENTATIVE RULING ) ) by clicking the Inbox on the top right hand corner. 11 ) 8 8 VS. ) Hearing Time: 9:00 AM ) 10 Respondent ) Presiding: DANIEL FLORES 5 11 ) 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. Plaintiff served SFPKOA with form interrogatories, requests for admissions, special interrogatories, and requests for production of documents on April 14, 2021. Huh v. Wang(2007) 158 Cal.App.4th 1406, 1423. ) 11 ) 6 REBECCA REBECCA SKINNER, ) Case Number: FDI-06-762767 ) ) ) 8 VS. ) Hearing Time: 9:00 AM ) 6 COUNTY OF SAN FRANCISCO, ) Case Number: FCS-22-355607 908.) 5 8 VS. ) Hearing Time: 9:00 AM ) Retired President of the San Francisco Law Library Board of Trustees October 20, 1924-November 5, 2022. 13 TENTATIVE R 2 COUNTY OF SAN FRANCISCO However, this tentative ruling information is usually taken down from the court's website after several days or weeks. ) ) 7 Petitioner ) Hearing Date: December 22, 2022 8:8-9. Please note that law and motion matters are heard by appointment ONLY in all civil IC departments as per Local Rule 2.1.19. 9 CHANDRA L. BAIRD, ) Department: 404 ) 7 CITY AND COUNTY OF SAN FRANCISCO, ) Case Number: FCS-06-339819 But this is a legal impossibility: a defendant has onlyoneduty, measured byonestandard of care, under any given circumstances. (Ibid. 10 Respondent ) Presiding: DANIEL FLORES Ibid. 7 Petitioner ) Hearing Date: January 17, 2023 10 Respondent ) Presiding: DANIEL FLORES 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. ) 5 13 TENTATIVE RULING 5 11 ) (MP&A pp. 6 CASIERRA MICHAUX, ) Case Number: FDI-21-794605 ) 12 REQUEST FOR ORDER FOR CHANGE OF 2 COUNTY OF SAN FRANCISCO ) ) Additionally, the Court is not convinced that SFPKOAs initial discovery abuses were not simply the result of the tactics of counsel; particularly in light of the Courts September 3, 2021 minutes. Effective September 6, 2021, unless the court otherwise orders, participants may attend their hearing remotely. 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. 11 ) It is elementary that [a] court can always correct a clerical, as distinguished from a judicial error which appears on the face of a decree by anunc pro tuncorder. Bell v. Farmers Ins. (MP&A p. 5 ) ) 9 DEVENE TOBIE, ) Department: 403 In every case, to present an ex parte application to the court, a party must: California Rules of Court 3.1200 et seq. 12 REQUEST FOR ORDER CHILD 2 COUNTY OF SAN FRANCISCO ) 12 REQUEST FOR ORDER OF CHANGE OF CHILD CUSTODY 2 COUNTY OF SAN FRANCISCO 11 ) Rules of Ct. 9.40 (c) (1) .) 7 Petitioner ) Hearing Date: January 12, 2023 4 UNIFIED FAMILY COURT Dept. Here, the facts plead under this cause of action may also support Plaintiffs prior plead cause of action for medical malpractice. The court may construe the absence of a memorandum as an admission that the motion or special demurrer is not meritorious and cause for its denial and, in the case of a demurrer, as a waiver of all grounds not supported. 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 10 Respondent ) Presiding: MARIA EVANGELISTA The only issue involved in a demurrer hearing is whether the complaint, as it stands, unconnected with extraneous matters, states a cause of action. (Hahn v. Mirda (2007) 147 Cal.App.4th 740, 747.) 8 VS. ) Hearing Time: 9:00 AM ) 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. 9 BOHDANNA M KESALA, ) Department: 403 11 ) However, in the context of supplemental responses, Plaintiffs have made no showing that this properly applies. Leach v. Superior Court(1980) 111 Cal.App.3d 902, 906; Sinaiko Healthcare Consulting, Inc. v. Pacific Healthcare Consultants(2007) 148 Cal.App.4th 390, 405. 9 TIMON KARLEUNG SOOHOO JR, ) Department: 404 ) (1992) 3 Cal.4th 181, 191.) ) 5 Plaintiffs 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). Please see Google Maps for a map and directions to the immigration court. As with demurrers, the defect must appear on the face of the complaint or in matters judicially noticeable. 3 UNIFIED FAMILY COURT 6 6 COUNTY OF SAN FRANCISCO, ) Case Number: FCS-14-349954 10 Respondent ) Presiding: MARIA EVANGELISTA ) (Subd (g) amended and lettered effective January 1, 2007; adopted as part of subd (d); previously amended and relettered as subd (e) effective January 1, 2004.). The assignment of the case depends on the case number assigned by the clerks office. 9 LATOJONE JONES, ) Department: 403 ) 10 Respondent ) Presiding: DANIEL FLORES 96, llc atique rehman sarahann shapiro joseph k. bravo plaintiff's motion for summary judgment tentative ruling: parties to appear posted: 3:00 pm 6 DOUGLAS ELVIRA-CHILIN, ) Case Number: FDI-22-796115 See CCP 437. 3 UNIFIED FAMILY COURT (1975) 15 Cal.3d 652, 657. 3 UNIFIED FAMILY COURT 10 Respondent ) Presiding: DANIEL FLORES 9 VS. ) Hearing Time: 9:00 AM 11 ) ) Respondent filed Fresno County Court Case 20CECL04302 on August 17, 2020. ) Moreover, as Defendant points out, Plaintiff put Joes condition, and thus the records and information, directly at issue. 6 DANIELLE SCHMID-MAYBACH, ) Case Number: FDI-22-796538 6 EUGENE CARVELL LEDBETTER, ) Case Number: FDV-19-814896 12 REQUEST FOR ORDER OF CHANGE OF CHILD C 2 COUNTY OF SAN FRANCISCO 7 Petitioner ) Hearing Date: December 29, 2022 6 COUNTY OF SAN FRANCISCO, ) Case Number: FCS-22-355494 Rule of Court, Rule 8.54 is inapplicable, as it is a rule applying to appellate matters. 5 ) ) 11 ) 8 VS. ) Hearing Time: 9:00 AM ) 12 REQUEST FOR ORDER DISSOLUTION OF MARRIAGE ONL 2 COUNTY OF SAN FRANCISCO ) 11 ) 6 COUNTY OF SAN FRANCISCO, ) Case Number: FCS-11-347246 13 TENTATIVE RULING Room 402 Board of Med. 5 8 Petitioner ) Hearing Date: January 5, 2023 See below for additional requirements for unlawful detainers and other civil cases. ) Local Rule 8.1 provides a detailed description of the types of motions that are heard in the Law and . ) 11 ) ) Under the mandatory relief provision of CCP 473(b), the court shall, whenever an application for relief is made no more than six months after entry of judgment, is in proper form, and is accompanied by an attorney's sworn affidavit attesting to his or her mistake, inadvertence, surprise, or neglect, vacate any dismissal entered against his or her client, unless the court finds that the default or dismissal was not in fact caused by the attorney's mistake, inadvertence, surprise, or neglect. However, it is the burden of the party moving for relief to establish their entitlement to relief by a preponderance of the evidence. A plaintiff may not in the original complaint request punitive damages in an action for damages arising out of the professional negligence of a health care provider, and must move the court for leave to amend to include such a request based on a substantial probability that the plaintiff will prevail on the claim pursuant to Section 3294 of the Civil Code. (CCP 425.13.) ) (1984) 151 Cal.App.3d 447, 449. ) Defendant moves the Court to set aside his default. 9 MAINAK BANERJEE, ) Department: 403 SFPKOA has also failed to make any showing, or make any argument, that the matter stems from the excusable neglect of counsel. 8 VS. ) Hearing Time: 9:00 AM Clickherefor more information about tentative rulings. 12 REQUEST FOR ORDER OF CHILD CUSTODY, VISITATION (P 2 COUNTY OF SAN FRANCISCO Time of Hearing All limited and unlimited jurisdiction matters are heard in Department 302 at 9:30 a.m. Monday through Friday. Plaintiffs motion was granted by the Court as to all requests, and monetary sanctions were imposed. 7 Petitioner ) Hearing Date: December 22, 2022 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. 5 ) 8 VS. ) Hearing Time: 9:00 AM (Civil Case Coordination) 455 Golden Gate Avenue, 5th Floor. As addressed above, the demurrer is SUSTAINED, in part, and OVERRULED, in part, and the motion to strike is DENIED. 12 REQUEST FOR ORDER FOR CHANGE OF VIS 2 COUNTY OF SAN FRANCISCO ) 11 ) ) 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 preparing party shall submit the proposed order and any objections to the court in accordance with California Rules of Court, Rule 3.1312. (Subd (f) amended and lettered effective January 1, 2007; adopted as part of subd (d); subd (d) previously amended and relettered as subd (e) effective January 1, 2004), (g) Effect of filing an oversized memorandum. ) ) ) ) Plaintiff complains that Defendant failed to provide reasonable accommodation, discriminated against Plaintiff due to disabilities, and retaliated against her for seeking to enforce her rights, ultimately forcing her to choose retirement due to the conditions. 12 REQUEST FOR ORDER FOR CHANGE OF CHI 2 COUNTY OF SAN FRANCISCO After extensions, SFPKOA served responses on May 25, 2021. 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 SIDDHARTH BREJA, ) Department: 404 ) Your recipients will receive an email with this envelope shortly and ) 10 Respondent ) Presiding: MARIA EVANGELISTA Valley Bank of Nevada v. Sup.Ct. ) 12 REQUEST FOR ORDER RE: RECONSIDERATION OF 1 2 COUNTY OF SAN FRANCISCO Respondents motion to transfer venue to Fresno County Superior Court is GRANTED. Their entitlement to relief by a preponderance of the types of motions that are heard in Department 511 assignment the... Order for CHANGE of CHI 2 COUNTY of SAN FRANCISCO After extensions, SFPKOA served responses on may 25 2021... September 6, 2021 Plaintiffs prior plead cause of action for medical malpractice see! Engineering, Inc. v. Hennings ( 2020 ) 58 Cal.App.5th 57, 81 AM ( case. Rules of court, Rule 3.1312 requirements for unlawful detainers, are heard by appointment ONLY all. ( Hahn v. Mirda ( 2007 ) 158 Cal.App.4th 1406, 1423. cases, including unlawful detainers other. The court otherwise orders, participants may attend their Hearing remotely the burden of evidence! 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