) ) 5 ) ) See Rodriguez v. Brill(2015) 234 Cal.App.4th 715, 729. 6 MAURA HUERTA, ) Case Number: FDV-16-812742 ) Read San Francisco Bay Guardian v. Superior Court, 17 Cal.App.4th 655, see flags on bad law, and search Casetext's comprehensive legal database . 9 CHANDRA L. BAIRD, ) Department: 404 ) 11 ) 5 ) ) B. ) ) 6 CITY AND COUNTY OF SAN FRANCISCO, ) Case Number: FCS-06-340792 5 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). (1975) 15 Cal.3d 652, 657. 8 VS. ) Hearing Time: 9:00 AM 10 Respondent ) Presiding: JUDITH HARDING See, e.g. ) ) ) ) ) 6 CHRISTINA NGUYEN SOOHOO, ) Case Number: FDI-22-796897 UPAs attorneys recalcitrance toward the entire process indicates to the Court that this discovery abuse appears to stem in part from the actions of counsel. All limited and unlimited jurisdiction matters are heard in Department 302 at 9:30 a.m. Monday through Friday. ) ) 10 Respondent ) Presiding: MARIA EVANGELISTA 8 VS. ) Hearing Time: 9:00 AM Court Clerk 7 Petitioner ) Hearing Date: January 17, 2023 9 MAINAK BANERJEE, ) Department: 403 6 DAIANA CHERHYNETS, ) Case Number: FDI-22-796786 ) ) 9 MICHELLE MALCOLMSON, ) Department: 403 9 JAMAL HASSON LYNCH, ) Department: 404 8 VS. ) Hearing Time: 9:00 AM Plaintiff Anita Florke (Plaintiff) filed the complaint against defendant San Francisco North/Petaluma KOA (SFPKOA) in Petaluma, she fell and suffered injuries as a result of a dangerous condition which Defendant negligently allowed or caused. Evictions (unlawful detainers) and cases that are not assigned to a direct calendar department are managed by Department 511. ) 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. 2 COUNTY OF SAN FRANCISCO ) 11 ) 5 7 Petitioner ) Hearing Date: January 17, 2023 The tentative rulings will become the ruling of the Court unless a party desires to be heard. 6 ROSANA WIECKS, ) Case Number: FDI-10-771615 12 REQUEST FOR ORDER OF CHILD CUSTODY, VISITATION (P 2 COUNTY OF SAN FRANCISCO ) By Phone (same meeting ID and password as listed for each calendar): Defendants Motion Fails to Establish a Basis for Mandatory or Discretionary Relief. 7 Petitioner ) Hearing Date: December 22, 2022 Mandatory relief is only appropriate in matters of default or dismissal and does not provide relief from orders or other proceedings taken against a party or counsel. Leader v. Health Industries of America, Inc.(2001) 89 Cal.App.4th 603, 616, quoting CCP 473(b). 5 5 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. ) 11 ) The Court is unconvinced that issue sanctions are matters of default as defined under the statute. ) An ex parte hearing is urgent and is requested by one party with short notice to the opposing party. Therefore, thedemurreris SUSTAINED with leave to amend as to the fourthcauseofaction. ) San Francisco, CA 94102 Non-discovery Law and Motion Matters. ) ) 5 Demurrer is sustained, in part, and overruled, in part. (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. 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. 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.). 7 Petitioner ) Hearing Date: December 22, 2022 Parties shall submit petitions and proposed orders . 8 VS. ) Hearing Time: 9:00 AM 6 JAMES BRAXTON COLAGROSS JR, ) Case Number: FDI-16-786049 11 ) Food 4 Less Supermarkets, Inc. v. Superior Court(1995) 40 Cal.App.4th 651, 657. ) 12 REVIEW HEARING RE; PARENTING TIME 12 REQUEST FOR ORDER OF CHILD CUSTODY 2 COUNTY OF SAN FRANCISCO 9 JOSE A MARTINEZ, ) Department: 403 Department 22. 6 TAHIRAH WOODARD, ) Case Number: FDV-21-815836 3 UNIFIED FAMILY COURT Plaintiff moves to compel responses to their supplemental RPODs and FIs served in March of 2022. 7 Petitioner ) Hearing Date: January 12, 2023 Central Court, 800 North Humboldt, San Mateo. 1988) Torts, 838, p. ) These departments may go under different names in different counties. 6 CHRISTOPHER BROWN, ) Case Number: FLD-22-396948 ) ) (See Saunders v. Cariss (1990) 224 Cal.App.3d 905, 908.) Finally, SRMH, only actually addresses the claim for punitive damages in its memorandum of points and authorities and presents no argument or discussion whatsoever regarding the portions of the complaint which it actually requests the court to strike, i.e., the prayer for attorney fees and cost of suit as well as irrelevant references to careless, reckless, wanton, unlawful, offensive, and grossly negligent conduct. At no point does SRMH discuss attorneys fees or costs, or the list of irrelevant allegations, or explain why the court should strike these. See Petitioners Notice of Related Case filed July 31, 2021. The item number (to the left of your case number on the Tentative Ruling) 9 VELJON JEANELLE COMBS, ) Department: 403 This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship. Third, any relief here, either discretionary or mandatory, would only be proper if SFPKOA had provided the complaint discovery responses the court ordered. 10 Respondent ) Presiding: DANIEL FLORES ) 9 ULRICH SCHMID-MAYBACH, ) Department: 403 The Court finds that a total of three hours across two motions at the reasonable rate of $495/hr is appropriate, plus $60 of filing fees per motion are all reasonable. ) 8 VS. ) Hearing Time: 9:00 AM ) 10 Respondent ) Presiding: DANIEL FLORES Notice to the opposing party must be provided by 10:00 a.m. the day before the ex parte hearing. 11 ) Different counties in California have their own unique manner of handling case assignments. Civic Center Courthouse ) 7 Petitioner ) Hearing Date: December 22, 2022 ) Untimely responses to discovery requests waive all objections. ) Court Clerk 12 REQUEST FOR ORDER FOR CHANGE OF VISITATIO 2 COUNTY OF SAN FRANCISCO As with the demurrer, on January 6, 2023, Plaintiff filed in opposition. "In ruling on a motion or application for continuance, the court must consider all the facts and circumstances that are relevant to the determination. 11 ) ) 7 Petitioner ) Hearing Date: January 5, 2023 7 Petitioner ) Hearing Date: December 13, 2022 Opposing counsel shall inform the preparing counsel of objections as to form, if any, or whether the form of order is approved, within five days of receipt of the proposed order. Law & Motion Calendars Informal Discovery Calendars Tentative Rulings Court Reporting Forms & Filing Local Forms Judicial Council Forms Self-Prep and File Fee Schedule Self-Help Being Your Own Lawyer About the SHC/FLF Divorce or Separation Child Custody & Parenting Child Support Abuse & Harassment Guardianship Conservatorship Landlord/Tenant 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). 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. 12 REQUEST FOR ORDER OF CHANGE OF CHILD C 2 COUNTY OF SAN FRANCISCO ) This matter arises under the CAA (CCP 1280, et seq.). ) ) 8 VS. ) Hearing Time: 9:00 AM ) 6 JACQUELINE M SCHLIFKE, ) Case Number: FDI-15-783643 12 REQUEST FOR ORDER RE: ENFORCE RESPONDE 2 COUNTY OF SAN FRANCISCO ) Actions against corporations are triable in the county where it has its principal place of business, where the contract was made or to be performed (whether specified in writing or not), or where the obligation or liability arose or the breach occurred. ) 4:21-22; 5:22-23. See Taylor, supra, 24 Cal.3d at 893 (punitive damages was adequately plead where defendant repeatedly drove under the influence, had convictions for drunk driving, and had previously caused accidents while intoxicated); see also Dawes, supra, 111 Cal.App.3d at 90 (punitive damages was adequately plead where defendant drove while intoxicated, speeding into a crowded intersection at 65 mph in a 35 mph zone, and attempted to mislead officers as to whether or not he was driving). ) ) 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. **. 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. ) 5 Law and motion and ex parte applications in all other cases, including unlawful detainers, are heard in Department 511. 7 Petitioner ) Hearing Date: January 10, 2023 ) 11 ) 10 Respondent ) Presiding: MARIA EVANGELISTA 11 ) ) 8 VS. ) Hearing Time: 9:00 AM Plaintiffs have provided no authority to the contrary. 7 Petitioner ) Hearing Date: December 22, 2022 ) 11 ) 12 REQUEST FOR ORDER FOR CHANGE OF 2 COUNTY OF SAN FRANCISCO Respondent filed Fresno County Court Case 20CECL04302 on August 17, 2020. 10 Respondent ) Presiding: MARIA EVANGELISTA 3 UNIFIED FAMILY COURT Your recipients will receive an email with this envelope shortly and 7 COUNTY OF SAN FRANCISCO, ) Case Number: FCS-16-351370 ) ) ) Los Angeles County Superior Court Writs and Receivers. ) 12 OTHER REVIEW HEARING 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. 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