Virgina Campbell Vs. Genuine Parts Company Et Al

Matter on the Discovery Calendar for Friday, Jul-12-2024, Line 5, 2-PLAINTIFF KATHRYN KASCH'S Motion To Compel Further Response To Requests For Production Of Documents And For Sanctions. Pro Tem Judge William Lynn, a member of the California State Bar who meets all the requirements set forth in CRC 2.812 to serve as a temporary judge, has been assigned to hear this motion. Prior to the hearing all parties to the motion will be asked to sign a stipulation agreeing that the motion may be heard by the Pro Tem Judge. If all parties to the motion sign the stipulation, the hearing will proceed before the Judge Pro Tem who will decide the motion with the same authority as a Superior Court Judge. If a party appears by telephone, the stipulation may be signed via fax or consent to sign given by email. If not all parties to the motion sign the stipulation, the Pro Tem Judge will hold a hearing on the motion and, based on the papers submitted by the parties and the hearing, issue a report in the nature of a recommendation to the Dept. 302 Judge, who will then decide the motion. If a party does not appear at the hearing, the party will be deemed to have stipulated that the motion will be decided by the Pro Tem Judge with the same authority as a Superior Court Judge. The Pro Tem Judge has issued the following tentative ruling: The motions are denied as the time for a motion to compel further responses pursuant to C.C.P. Sec. 2031.310 has passed, and the parties did not have a "specific later date to which the propounding party and the responding party have agreed in writing," therefore, the moving party has waived any right to compel a further response. C.C.P. Secs. 2023.300(c), 2031.310(c); Sexton v. Superior Court, 58 Cal. App. 4th 1403, 1410 (1997). The parties' mutual mistake that they can have an open deadline for discovery motions does not and cannot supersede or otherwise alter Civil Discovery Act's explicit requirement of a "specific later date." For the 9:00 a.m. Discovery calendar, all attorneys and parties are required to appear remotely. Hearings will be conducted by videoconference using Zoom. To appear at the hearing, go to the court's website at sfsuperiorcourt.org under "Online Services," navigate to "Tentative Rulings," and click on the appropriate link (DISCOVERY, DEPARTMENT 302 DAILY AT 9:00 A.M.), or dial the corresponding number and use the meeting ID, and password for Discovery Department 302. Any party who contests a tentative ruling must send an email to williamclynn@gmail.com with a copy to all other parties by 4pm stating, without argument, the portion(s) of the tentative ruling that the party contests. The subject line of the email shall include the line number, case name and case number. If the tentative ruling is not contested, the parties are deemed to have stipulated to the Pro Tem hearing the motion and the Pro Tem will sign an order confirming the tentative ruling. The prevailing party is required to prepare a proposed order repeating verbatim the substantive portion of the tentative ruling and must e-mail it to the Judge Pro Tem. The court no longer provides a court reporter in the Discovery Department. Parties may retain their own reporter, who may appear remotely. A retained reporter must be a California certified court reporter (CSR), for only a CSR's transcript may be used in California courts. If a CSR is being retained, include in your email all of the following: their name, CSR and telephone numbers, and their individual work email address. =(302/JPT)

Matter on the Law & Motion Calendar for Tuesday, July 9, 2024, Line 5. DEFENDANT BOARD OF TRUSTEES OF THE STATE OF CALIFORNIA's DEMURRER to 3RD Amended COMPLAINT. Off calendar. The Weinmann declaration fails to show that the parties met and conferred "in person, by telephone, or by video conference" in compliance with CCP 430.41. The parties are ordered to comply with the code. The response to the complaint is now due by August 6, 2024. For the 9:30 a.m. Law & Motion calendar, all attorneys and parties may appear in Department 302 remotely. Remote hearings will be conducted by videoconference using Zoom. To appear remotely at the hearing, go to the court's website at sfsuperiorcourt.org under "Online Services," navigate to "Tentative Rulings," and click on the appropriate link, or dial the corresponding phone number. Any party who contests a tentative ruling must send an email to contestdept302tr@sftc.org with a copy to all other parties by 4pm stating, without argument, the portion(s) of the tentative ruling that the party contests. The subject line of the email shall include the line number, case name and case number. The text of the email shall include the name and contact information, including email address, of the attorney or party who will appear at the hearing. The court no longer provides a court reporter in the Law & Motion Department. Parties may retain their own reporter, who may appear in the courtroom or remotely. A retained reporter must be a California certified court reporter (CSR), for only a CSR's transcript may be used in California courts. If a CSR is being retained, include in your email all of the following: their name, CSR and telephone numbers, and their individual work email address. =(302/RBU)

Matter on the Law & Motion calendar for Wednesday, July 10, 2024, Line 7. DEFENDANT SUTTER HEALTH AND CALIFORNIA PACIFIC MEDICAL CENTER's DEMURRER to 2ND Amended COMPLAINT. Defendants' demurrer to the second amended complaint's (SAC) medical battery count is overruled. For the pleading stage, the SAC adequately alleges medical battery - that a nurse gave decedent a third drug dose at 3:20 p.m. without his consent and without a doctor's order. (SAC 9:2-10:16; CACI 530A.) Defendants point to another SAC passage which says the nurse's note regarding the 3:20 dose "implies she received a verbal order from" a doctor. (Memo. 4:22-25; SAC 6:2-6.) This can be explored in discovery. In any event, a complaint "may plead in the alternative;" factually and/or legally inconsistent allegations are permissible. (Adams v. Paul (1995) 11 Cal.4th 583, 593.) For the 9:30 a.m. Law & Motion calendar, all attorneys and parties may appear in Department 302 remotely. Remote hearings will be conducted by videoconference using Zoom. To appear remotely at the hearing, go to the court's website at sfsuperiorcourt.org under "Online Services," navigate to "Tentative Rulings," and click on the appropriate link, or dial the corresponding phone number. Any party who contests a tentative ruling must send an email to contestdept302tr@sftc.org with a copy to all other parties by 4pm stating, without argument, the portion(s) of the tentative ruling that the party contests. The subject line of the email shall include the line number, case name and case number. The text of the email shall include the name and contact information, including email address, of the attorney or party who will appear at the hearing. Counsel for the prevailing party is required to prepare a proposed order which repeats verbatim the substantive portion of the tentative ruling and must email it to contestdept302tr@sftc.org prior to the hearing even if the tentative ruling is not contested. The court no longer provides a court reporter in the Law & Motion Department. Parties may retain their own reporter, who may appear in the courtroom or remotely. A retained reporter must be a California certified court reporter (CSR), for only a CSR's transcript may be used in California courts. If a CSR is being retained, include in your email all of the following: their name, CSR and telephone numbers, and their individual work email address. =(302/RBU)

Matter on the Law & Motion calendar for Wednesday, July 10, 2024, Line 4. PLAINTIFF FREDERICK HOWARD's Motion To Vacate Arbitration Award. Hearing required re lack of (1) proof of service and (2) exhibits to Howard declaration in register of actions. For the 9:30 a.m. Law & Motion calendar, all attorneys and parties may appear in Department 302 remotely. Remote hearings will be conducted by videoconference using Zoom. To appear remotely at the hearing, go to the court's website at sfsuperiorcourt.org under "Online Services," navigate to "Tentative Rulings," and click on the appropriate link, or dial the corresponding phone number. Any party who contests a tentative ruling must send an email to contestdept302tr@sftc.org with a copy to all other parties by 4pm stating, without argument, the portion(s) of the tentative ruling that the party contests. The subject line of the email shall include the line number, case name and case number. The text of the email shall include the name and contact information, including email address, of the attorney or party who will appear at the hearing. Counsel for the prevailing party is required to prepare a proposed order which repeats verbatim the substantive portion of the tentative ruling and must email it to contestdept302tr@sftc.org prior to the hearing even if the tentative ruling is not contested. The court no longer provides a court reporter in the Law & Motion Department. Parties may retain their own reporter, who may appear in the courtroom or remotely. A retained reporter must be a California certified court reporter (CSR), for only a CSR's transcript may be used in California courts. If a CSR is being retained, include in your email all of the following: their name, CSR and telephone numbers, and their individual work email address. =(302/RBU)

On Asbestos Law and Motion Calendar for Tuesday, July 9, 2024, in Department 301, Line 1. Plaintiff's Application for Default Judgement is HEARING REQUIRED. Plaintiff to appear at the hearing to set a new hearing date. =(301/RCE)

Real Property/Housing Court Law and Motion Calendar for July 11, 2024 line 4. DEFENDANT THEODORE TIMM MOTION TO QUASH SERVICE OF SUMMONS OR STAY OR DISMISS is continued to December 18, 2024. Supplemental opposition papers must be filed no later than December 3, 2024 and supplemental reply papers must be filed no later than December 11. 2024. Based on the papers that have been filed so far, plaintiff Gary Epis has not established that there are sufficient minimum contacts to support specific personal jurisdiction and does not assert that there is general personal jurisdiction. Mr. Epis' request to take jurisdictional discovery is granted. (Hardell v. Vanzyl (June 20, 2024) 2024 WL 3064170 *8). Other than jurisdictional discovery, no other actions of any kind may be taken in this case requiring any effort or expense by Mr. Timm until this motion is decided. =(501/HEK) Parties may appear in-person, telephonically or via Zoom (Video - Webinar ID: 160 560 5023; Password: 172849; or Phone Dial in: (669) 254-5252; Webinar ID: 160 560 5023; Password: 172849). Parties who intend to appear at the hearing must give notice to opposing parties and the court promptly, but no later than 4:00 p.m. the court day before the hearing unless the tentative ruling has specified that a hearing is required. Notice of contesting a tentative ruling shall be provided by sending an email to the court to Department501ContestTR@sftc.org with a copy to all other parties stating, without argument, the portion(s) of the tentative ruling that the party contests. A party may not argue at the hearing if the opposing party is not so notified and the opposing party does not appear.

Set for Discovery on Thursday, July 11, 2024 Line 4, DEFENDANT SAN FRANCISCO UNIFIED SCHOOL DISTRICT's Motion For Discovery. Continued to August 6, 2024. No JPT available. =(302/JPT)

Matter on the Law & Motion calendar for Wednesday, July 10, 2024, Line 5. PLAINTIFF YINGNAN LI's MOTION FOR LEAVE TO AMEND 1ST Amended COMPLAINT. Off calendar. Notice of settlement of entire case filed June 18, 2024. =(302/RBU)

Matter on the Law & Motion calendar for Wednesday, July 10, 2024, Line 9. DEFENDANT JOSEPH LONSDALE's MOTION FOR SUMMARY JUDGMENT. Continued to August 23, 2024 per stipulation of both parties. =(302/RBU)