6 DOUGLAS ELVIRA-CHILIN, ) Case Number: FDI-22-796115 11 ) ) ) 6 COUNTY OF SAN FRANCISCO, ) Case Number: FCS-22-355607 ) 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. 10 Respondent ) Presiding: MARIA EVANGELISTA ) As addressed above, the demurrer is SUSTAINED, in part, and OVERRULED, in part, and the motion to strike is DENIED. 12 REQUEST FOR ORDER RE SPOU 3 COUNTY OF SAN FRANCISCO 12 REQUEST FOR ORDER: MOTION TO VACATE AND E 2 COUNTY OF SAN FRANCISCO 6 JANE KAWASAKI, ) Case Number: FDI-14-782099 ) 10 Respondent ) Presiding: MARIA EVANGELISTA 12 REQUEST FOR ORDER FOR CHANGE OF VISITATION 2 COUNTY OF SAN FRANCISCO Civil Law & Motion Tentative Rulings Effective January 1, 2021, San Mateo Superior Court is a direct calendar court for all Civil Matters. 5 ) ) ) ) [G]iven the private nature of a confidential settlement of a lawsuit, the burden rests on the proponents of discovery of this information to justify compelling production of this material. 8 VS. ) Hearing Time: 9:00 AM If in electronic form, the authority must be electronically bookmarked as required by rule 3.1110(f)(4). Lebowitz Dec. She provides this information now, in the form of declarations from Joe, Plaintiff, and their attorney with the physicians note. (Laird) obtained medical history and information from Plaintiff, learned of the various symptoms, and took his blood pressure, but then told Plaintiff merely to go home, relax, and eat some food without conducting any further test or examination. 11 ) Civic Center Courthouse ) 5 7 Petitioner ) Hearing Date: January 10, 2023 Plaintiff served SFPKOA with form interrogatories, requests for admissions, special interrogatories, and requests for production of documents on April 14, 2021. You can always see your envelopes 6 SARAH GADYE, ) Case Number: FDI-16-785621 12 REQUEST FOR ORDER FOR CHANGE OF CHILD 2 COUNTY OF SAN FRANCISCO The only discovery responses which SFPKOA alleges to have served on August 23, 2021 still have no verifications attached or submitted to the court. However, merely pleading that a defendant was intoxicated at the time of the accident, without something more, is not alone adequate basis for punitive damages. Dept22@sanmateocourt.org. Beginning June 15, 2021, all courthouses are open to the public and most in-person services are restored. 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. ) 7 Petitioner ) Hearing Date: December 29, 2022 10 Respondent ) Presiding: JUDITH HARDING Pursuant to California Rules of Court 10.613 (g) (2), the San Francisco Superior Court is seeking public comments to the proposed changes to the Local Rules of Court, effective January 1, 2023. ) Rule of Court, Rule 8.54 is inapplicable, as it is a rule applying to appellate matters. ) 8 VS. ) Hearing Time: 9:00 AM 7 Petitioner ) Hearing Date: January 17, 2023 11 ) 5 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 Service to the other party or their lawyer may be done either by mail or in person. Department 405 ) 8 VS. ) Hearing Time: 9:00 AM ) Applications to Stay Evictionscan be filed at any court location that accepts civil filings: - Ren C. Davidson Courthouse (Oakland), and. Nothing on this site should be taken as legal advice for any individual case or situation. Com. 8 VS. ) Hearing Time: 9:00 AM 5 3 UNIFIED FAMILY COURT 10 Respondent ) Presiding: DANIEL FLORES 5 11 ) 10 COLETTE WHORISKEY, ) Department: 404 ) 3 UNIFIED FAMILY COURT 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. In a demurrer proceeding, the defects must be apparent on the face of the pleading or via proper judicial notice. ) 3 UNIFIED FAMILY COURT Code 452(d).) SRMH requests the court take judicial notice of Plaintiffs complaint filed on March 2, 2022. 8 VS. ) Hearing Time: 9:00 AM However,appearances by Zoom are STRONGLY encouraged. 10 Respondent ) Presiding: MARIA EVANGELISTA 6 ALEXANDRIA DELOZADA, ) Case Number: FLD-16-396426 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. If a responding party is not able to comply with a particular request, that party shall affirm that a diligent search and a reasonable inquiry has been made in an effort to comply with that demand. CCP 2031.230. Prac. 12 REQUEST FOR ORDER BIFURCATION FOR STATUS ONLY D 2 COUNTY OF SAN FRANCISCO His life and legacy. ) 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 . However, whenever a party files a petition under the California Arbitration Act (CAA), the court in which such petition was filed retains jurisdiction to determine any subsequent petition involving the same agreement to arbitrate and the same controversy, and any such subsequent petition shall be filed in the same proceeding. CCP 1292.6. ) ) 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. The court should consider 1) the purpose of the information sought; 2) the effect that disclosure will have on the parties and the trial; 3) the nature of the objections to disclosure; 4) whether the court may make an alternative order granting partial disclosure, disclosure in another form, or disclosure only if the party seeking the information undertakes certain appropriate burdens. The Superior Court of California, County of Fresno is currently seeking applications from individuals interested in accepting appointments to represent parties pro bono in their civil proceedings. ) 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. Ct. (1969) 273 Cal.App.2d 7, 8-9. 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. Motions In every case, to present a motion to the court, a party must: 3 UNIFIED FAMILY COURT The service issue has since been resolved as Plaintiff was served with notice of this hearing by mail on November 16, 2022. 9 ONDINE LIOR NUCHI, ) Department: 404 10 Respondent ) Presiding: MARIA EVANGELISTA See below for additional requirements for unlawful detainers and other civil cases. Time of Hearing. ) ) 9 JOSE LUIS MARTINEZ, ) Department: 404 ) The court may take judicial notice of court records of this state. ) 7 Petitioner ) Hearing Date: December 22, 2022 Defendant points out on reply that Plaintiffs opposition was late. List of San Mateo Superior Court Civil Judges and information on Civil Direct Calendars Print Respondents counsel 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). 5 Notice to the opposing party must be provided by 10:00 a.m. the day before the ex parte hearing. The protection is not absolute, however, and the information is discoverable where the need for discovery outweighs the privacy concerns. 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. Guide to the San Francisco Superior Court. 6 REBECCA REBECCA SKINNER, ) Case Number: FDI-06-762767 5 Under this cause of action, Plaintiff alleges defendants failure to properly assess his medical condition and administer appropriate care caused him to suffer injuries, however the cause of action is not labeled with a specific legal theory under which Plaintiff may be entitled to recovery. **This is the end of the Tentative Rulings. 7 Petitioner ) Hearing Date: January 5, 2023 ) For information on how virtual appearances may be made, please refer to the Civil Independent Calendar Hearings link. However, Defendant has provided no authority or showing that the default is void in total. District 1 Sandra Lee FewerDistrict 2 Catherine StefaniDistrict 3 Aaron PeskinDistrict 4 Gordon MarDistrict 5 Dean PrestonDistrict 6 Matt HaneyDistrict 7 Norman YeeDistrict 8 Rafael MandelmanDistrict 9 Hillary RonenDistrict 10 Shamann WaltonDistrict 11 Ahsha Safai, Office of the City Administrator City Hall, Room 362 1 Dr. Carlton B. Goodlett Place San Francisco, CA 94102. 9 JAMAL HASSON LYNCH, ) Department: 404 Notice will be provided to the parties by the Court upon reassignment with the new hearing dates. 3 UNIFIED FAMILY COURT A motion to strike may be based on failure to comply with form or procedures applicable to pleadings. 5 7 Petitioner ) Hearing Date: January 17, 2023 Blumenthal v. Superior Court(1980) 103 Cal.App.3d 317, 319. 9 ADAM SCHLIFKE, ) Department: 404 Room 402 SCV-270126, Lopes v. Petaluma City School District. CCP sections 1985.3(g), 1985.6(f)(4). 6 JULIE ANN ALBAY, ) Case Number: FMS-21-387354 7 Petitioner ) Hearing Date: December 27, 2022 ) ) 11 ) ) "The application must state: The applicant's residence and office address; The courts to which the applicant has been . If papers are served by personal service, service must be made at least 16 court days before the hearing. Civic Center Courthouse (See Saunders, supra, 224 Cal.App.3d at p. 9 VADIM V NISENBAUM, ) Department: 404 10 Respondent ) Presiding: DANIEL FLORES ) 10 Respondent ) Presiding: DANIEL FLORES ) However, as of January 6, 2023, a declaration of Juliana Combs has not been filed. ) Complaint 13. ) The court DENIES the motion. 12 OTHER REVIEW HEARING ) 5 ) Aside from the prayer for attorney fees and cost of suit, it fails to specify the portions of the complaint which SRMH asks the court to strike. 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. 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). 7 Petitioner ) Hearing Date: January 10, 2023 5 9 ZHEFEI HERBIE FU, ) Department: 403 The declaration of Juliana Combs setting forth Defendants meet and confer process is concurrently filed herewith. (Amended Memorandum of Points and Authorities in Support of Demurrer (MP&A) p. give notice of the hearing date as required by law. 6 KITTY TRAWINSKI, ) Case Number: FDI-11-775537 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. ) Please see Google Maps for a map and directions to the immigration court. Please wait a moment while we load this page. ) 9 EVGENY FOUKSMAN, ) Department: 403 6 HONG WEI XU, ) Case Number: FDI-22-796610 10 Respondent ) Presiding: MARIA EVANGELISTA ) ) 6 SEEMA HAJI, ) Case Number: FDI-16-785594 ) ) Food 4 Less Supermarkets, Inc. v. Superior Court(1995) 40 Cal.App.4th 651, 657. 5 ) ) 7 Petitioner ) Hearing Date: December 27, 2022 ) 4 5 ) ) (2) If a California case is cited before the time it is published in the advance sheets of the Official Reports, the party must include the title, case number, date of decision, and, if from the Court of Appeal, district of the Court of Appeal in which the case was decided. Cal. 4 UNIFIED FAMILY COURT ) 14 Ap 2 COUNTY OF SAN FRANCISCO 9 JONATHAN TRAWINSKI, ) Department: 404 (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. ) 7 Petitioner ) Hearing Date: January 3, 2023 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. 8 VS. ) Hearing Time: 9:00 AM ) ) Filings will be accepted by mail to 720 9th Street, Sacramento, CA 95814, or in the civil filing drop box located on the first floor of the Gordon D. Schaber Courthouse . The pages of a memorandum must be numbered consecutively beginning with the first page and using only Arabic numerals (e.g., 1, 2, 3). (1993) 18 Cal.App.4th 919, 933; see also Britt v. Sup.Ct. (415) 551-3744, Judge Roger C. Chan Severe emotional distress [is] emotional distress of such substantial quantity or enduring quality that no reasonable man in a civilized society should be expected to endure it. (Fletcher v. Western Life Insurance Co. (1970) 10 Cal.App.3d 376, 397; see alsoCACI 1600.). 8 VS. ) Hearing Time: 9:00 AM 7 Petitioner ) Hearing Date: January 12, 2023 The opposition and the reply both merit consideration. 6 CESAR ALDERERETE, ) Case Number: FLD-22-396959 ) 6 DANIELLE SCHMID-MAYBACH, ) Case Number: FDI-22-796538 5 This is highly valuable data that reveals how judges think on substantive legal issues. All cases that are assigned to a civil direct calendar department receive a Notice of Assignment. ) The motion is GRANTED with leave to amend. 8 VS. ) Hearing Time: 9:00 AM 9 KEVIN RICHARD DOUGHERTY, ) Department: 404 8 VS. ) Hearing Time: 9:00 AM ) All pending and newly filed civil cases are assigned to one of five Civil Judges for all purposes. All hearings will be conducted remotely by CourtCall or by videoconference. ) Non-discovery Law and Motion Matters. 11 ) 5 9 FAROOQ IMAM, ) Department: 403 Commercial Casualty Ins. Central Court, 800 North Humboldt, San Mateo. 6 JOHN FRANCIS DYNIA, ) Case Number: FDI-20-794180 ) 11 ) The assignment of the case depends on the case number assigned by the clerks office. County of Los Angeles (2004) 120 Cal.App.4th 1389, 1394.) Hours: Public Hours: 8:00 a.m. - 4:30 p.m. As such, the Complaint does not contain adequate factual allegations that would support an award of punitive damages against Defendants. 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. 8 VS. ) Hearing Time: 9:00 AM Here, the facts plead under this cause of action may also support Plaintiffs prior plead cause of action for medical malpractice. 10 Respondent ) Presiding: MARJORIE SLABACH 9 JOSE A MARTINEZ, ) Department: 403 5 ) 3 UNIFIED FAMILY COURT Pretrial Order for NON-COMPLEX Case s. CMC Order for COMPLEX Case s. Danny Y. Chou, Civil Judge. . 9 MARCUS C HOPKINS, ) Department: 403 11 ) 9 JIAYING HE, ) Department: 403 SFPKOA has made no showing that this matter is properly under the mandatory relief provisions of CCP 473(b). Mandatory relief is only proper where default or dismissal has been entered as a result of the acts or omissions of the attorney. 3 UNIFIED FAMILY COURT ) Events. 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. try clicking the minimize button instead. 12 OTHER REVIEW HEARING; REQUEST FOR ORDER 2 COUNTY OF SAN FRANCISCO ) This is an erroneous assertion, as courts of this state, including the Supreme Court of California have addressed this statute. ) 5 Attn: Appellate Court Services. ) 11 ) 8 VS. ) Hearing Time: 9:00 AM 7 Petitioner ) Hearing Date: December 22, 2022 Attorneys offices are only located in California. 9 TIMON KARLEUNG SOOHOO JR, ) Department: 404 Nonetheless, numerous factors weigh against discovery of the records at issue. 8H-8, Enforcing Demand: 8:1484, 8:1487; contra CCP 2031.310 (b-c) (a motion to compel further shall set forth good cause for the demand and shall be filed within 45 days of service of the unsatisfactory response). 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