Related Content
in San Francisco County
Case
XIU FANG LU VS. ZHE WANG
Jul 05, 2024 |
PETITION FOR DISSOLUTION WITHOUT CHILDREN |
PETITION FOR DISSOLUTION WITHOUT CHILDREN |
FDI24799936
Ruling
MERCY HOUSING CALIFORNIA VS. KATYA ROSTOMYAN JORICH ET AL
Jul 09, 2024 |
CUD24674615
Real Property/Housing Court Law and Motion Calendar for July 9, 2024 line 5. DEFENDANT KATYA JORICH NOTICE OF MOTION, MOTION, MEMORANDUM OF POINTS AND AUTHORITIES AND DELCARATION IN SUPPORT OF MOTION TO VACATE JUDGMENT; PROPOSED ORDER is denied. Ms. Jorich provides no documentary support of any kind for her statement that she attended a naturalization ceremony on June 3, 2024, the sole factual basis for this motion, and that statement is disputed by plaintiff. Given this disputed fact and the high likelihood that documentary evidence is available to support Ms. Jorich's statement if that statement were true, the burden is on Ms. Ms. Jorich to provide such evidence. If Ms. Jorich chooses to contest this tentative ruling, she should bring documentary support that she attended a naturalization ceremony on June 3, 2024. =(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.
Ruling
FDI-23-798103
Jul 09, 2024 |
FDI-23-798103
2 COUNTY OF SAN FRANCISCO
3 UNIFIED FAMILY COURT
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6 JACKSON NUTT-BEERS, ) Case Number: FDI-23-798103
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7 Petitioner ) Hearing Date: July 9, 2024
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8 VS. ) Hearing Time: 9:00 AM
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9 LARRY DOS SANTOS, ) Department: 404
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10 Respondent ) Presiding: ANNE COSTIN
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12 CHANGE OF FL100 AMENDED
13 TENTATIVE RULING
14 Having read and considered the pleadings, declarations, and other evidence submitted in this matter, the
15 Court makes the following findings and orders:
16 1) On for hearing is Petitioner’s Request for Order filed 3/19/2024 asking the Court for permission to
17 file a Second Amended Petition.
18 2) There is no Proof of Service on file evidencing service of Petitioner’s original Petition, First
19 Amended Petition, or Request for Order or the Order On Request to Reschedule Hearing (filed
20 4/17/2024).
21 3) The hearing on Petitioner’s Request for Order is continued to August 6, 2024 at 9:00 AM in Dept.
22 404.
23 4) Petitioner must have his original Petition, First Amended Petition, and Request for Order (filed
24 3/19/2024) as well as a copy of this order for continuance (which will be mailed to Petitioner) in
25 advance of the next hearing date meeting the deadlines and using the service methods required by the
26 Code of Civil Procedure.
27 5) At least 10 calendar days prior to the next hearing date, Petitioner must file a Proof of Service
28 indicating compliance with this order.
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1 6) Petitioner is strongly encouraged to seek assistance from the ACCESS Center. Information for the
2 ACCESS Center can be found here: https://sf.courts.ca.gov/self-help.
3 7) The Court will prepare the order.
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Ruling
CHARLES AIKINS JR ET AL VS. ANCHOR DARLING VALVE COMPANY ET AL
Jul 09, 2024 |
CGC22277066
On Asbestos Law and Motion Calendar for Tuesday, July 9, 2024, in Department 301, Line 2. Intervenor United States Fidelity & Guaranty Company's Motion for Summary Judgement is OFF CALENDAR at the request of the moving party. =(301/RCE)
Ruling
FDI-23-798726
Jul 09, 2024 |
FDI-23-798726
2 COUNTY OF SAN FRANCISCO
3 UNIFIED FAMILY COURT
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6 GABRIELA DIAZ LAZCANO, ) Case Number: FDI-23-798726
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7 Petitioner ) Hearing Date: July 9, 2024
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8 VS. ) Hearing Time: 9:00 AM
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9 JUAN TOME PEREZ, ) Department: 403
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10 Respondent ) Presiding: JUDITH HARDING
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12 REQUEST FOR ORDER OF CHILD CUSTODY, VISITATION, CHILD SUPPORT
13 TENTATIVE RULING
14 The matter is ordered off calendar as the parties have reached an agreement in mediation. The parties
15 shall file the agreement with the Court by 7/30/2024.
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Ruling
FCS-16-351709
Jul 09, 2024 |
FCS-16-351709
2 COUNTY OF SAN FRANCISCO
3 UNIFIED FAMILY COURT
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6 COUNTY OF SAN FRANCISCO, ) Case Number: FCS-16-351709
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7 Petitioner ) Hearing Date: July 9, 2024
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8 VS. ) Hearing Time: 9:00 AM
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9 SAMY ROGGERO GONZALES, ) Department: 404
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10 Respondent ) Presiding: ANNE COSTIN
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12 OTHER REVIEW HEARING
13 TENTATIVE RULING
14 The parties are ordered to appear to discuss Samy’s summer schedule and the Court’s
15 indicated parenting schedule below. The parties may appear in person in Department 404 or
16 remotely by Zoom video. If a party chooses to appear by video, that party must abide by the Notice
17 and Instructions for Remote Appearances in San Francisco Family Court set forth above.
18 Having read and considered the pleadings, declarations, and other evidence submitted in this
19 matter, the Court makes the following findings and orders:
20 A. Procedural History:
21 1) The parties have one child together, Samy, age 11.
22 2) In September of 2018, the Court ordered joint legal and joint physical custody.
23 3) On October 8, 2020, the Court ordered that Samy be with Father during the week, and with
24 Mother on the weekends.
25 4) On April 8, 2021, the Court ordered that Samy be with Mother during the week, and with Father
26 on the weekends.
27 5) On January 31, 2024, Father filed a Request for Order seeking a change in custody and parenting
28 time.
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1 6) The parties attended mediation with mediator Maya Ponce in March/April 2024. The parties did
2 not reach an agreement at mediation.
3 7) At mediation the parties agreed to a Tier 2 interview of Samy, and Maya Ponce conducted that
4 interview on March 27, 2024.
5 8) On May 2, 2024, the Court held a hearing on Father’s Request for Order seeking a change in
6 custody and parenting time.
7 9) On May 2, 2024, the Court denied Father’s request for sole legal and sole physical custody, and
8 ordered:
9 a. Mother shall visit with child at his school every Wednesday from 12pm-12:30pm.
10 b. Commencing May 11, 2024, Mother shall have overnight visits with child Saturdays 5pm
11 – Sundays 7pm. Father shall transport child to and from Mother’s home.
12 c. If child has a game during Mother's scheduled visits, Father shall notify Mother to invite
13 her to watch the game or inform her that child will be dropped off after the game. If child
14 is away for a game during the entire time of Mother's visits, Father shall provide advance
15 notice.
16 d. Father shall promote and encourage child to build a relationship with Mother during the
17 visits.
18 e. If parties do not comply with the court order, Court may consider a change in custody
19 and parenting time at the next hearing.
20 f. Review hearing is set on July 9,2024 at 9am in Dept 404 to make any needed adjustments
21 to visitation and consider ordering therapy for the child.
22 g. Parties shall file and serve updated declarations to indicate how the visits are going and
23 check Tentative Ruling 2pm on 7/8/24.
24 10) Mother filed an updated declaration on July 1, 2024.
25 11) The Court did not receive an updated declaration from Father.
26 B. Findings and Orders:
27 1) This Court has jurisdiction to make child custody orders in this case under the Uniform Child
28 Custody Jurisdiction and Enforcement Act.
29 2) The parties have one child together, Samy, age 11.
1 3) The Court finds that Father has failed to comply with the Court’s May 2, 2024 order and has
2 repeatedly prevented Mother from seeing to see Samy during Mother’s Court ordered parenting
3 time.
4 4) The Court’s May 2, 2024 order is vacated.
5 5) Father’s request for sole legal and sole physical custody is denied. The parties will continue to
6 share joint legal and joint physical custody. Physical custody means where Samy actually is at
7 designated periods. Joint legal custody means that both parents have the right and responsibility
8 to make decisions related to Samy’s health, education and welfare.
9 6) Both parents have the right to access records and information about Samy (including medical,
10 dental, school, and extracurricular sports records) and consult with professionals who are
11 providing services to Samy.
12 7) Commencing immediately and until Samy’s school starts in August of 2024, parenting time is
13 ordered as follows:
14 a. The parties are ordered to appear in Court on July 9, 2024 to discuss Samy’s summer
15 schedule and place of exchange. The Court’s tentative ruling is to grant Mother’s
16 request as follows:
17 b. Father: Mondays at 8pm to Fridays at 10am
18 c. Mother: Fridays at 10am to Monday at 8pm
19 8) Beginning in August of 2024 when Samy’s school starts, parenting time is ordered as follows:
20 a. Father: Mondays at 3pm (school pick-up) to Fridays at 8am (school drop-off)
21 b. Mother: Fridays at 3pm (school pick-up) to Monday at 8am (school drop-off)
22 c. The party responsible for school drop-off shall make sure Samy is at school by start time.
23 9) The parties are ordered to appear in Court on July 9, 2024 to discuss Samy’s basketball
24 schedule. The Court’s tentative ruling is as follows: If Samy has a basketball game during
25 Mother's weekend parenting time, Father shall notify Mother at least 4 days in advance and
26 provide the date, time and location of the game. Mother may take Samy to the game, or may
27 agree that Father take Samy to the game and then return Samy to Mother’s care promptly
28 thereafter. The parties shall work cooperatively together to agree in on time and place of
29 exchange.
1 10) Any travel outside California requires prior written consent of the other parent or a Court order.
2 11) The parties will not make or allow others to make negative comments about each other or about
3 their past or present relationships, family, or friends within hearing distance of Samy.
4 12) The parties shall not interfere with the other parent’s ability to communicate with Samy by phone
5 or text during their parenting time.
6 13) Mother’s request for the Court to order use of the Talking Parents App is denied at this
7 time. However the parties are ordered to communicate with each other in a polite and
8 professional manner. All communications must be answered within 24 hours at the latest;
9 however, if the nature of the text requires an immediate response, then a response should be sent
10 as soon as possible (e.g Text: “I’m going to be 1 hour late for child drop-off.” Reply: “OK, thanks
11 for the notice.”). In addition, if the issue or question is complicated, it is permissible to respond
12 within 24 hours that a complete answer to the question will be forwarded by a later, specified date
13 (Generally within 3-4 days: “Thank you, I’ve received your email. Your suggestion requires some
14 thought on my part, so I’ll get back to you on Saturday.”) The parties shall save all texts and
15 emails for review by the Court in the event that there is a future concern that this Order has been
16 violated.
17 14) If parties violate the Court’s parenting time or professional communication orders, they may be
18 subject to civil or criminal penalties, or both, and the Court may change the legal or physical
19 custody or parenting time.
20 15) A review hearing is set on October 8, 2024 at 9am in Dept 404 to make any needed adjustments
21 to custody and parenting time and to discuss a parenting time schedule for school breaks and
22 holidays.
23 16) The Parties are ordered to file and serve updated declarations 10 days before this review
24 hearing. The declarations shall provide the Court with an update about the status of parenting
25 time and communication. Each party’s declaration shall also include a proposal regarding how
26 the parties may share parenting time schedule for school breaks and holidays
27 17) The parties are reminded to check the Court website the day before the review hearing by 2:00pm
28 for the Court’s tentative ruling.
29 18) The Court will prepare the written order after hearing.
1 The parties are reminded that they have a hearing on Child Support on August 6, 2024 at 8:30 a.m. in
2 Department 416.
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Ruling
RYAN CHARLTON VS. BERKELEY BUILDERS, INC. DBA BBI CONSTRUCTION ET AL
Jul 09, 2024 |
CGC22601954
Matter on the Law & Motion Calendar for Tuesday, July 9, 2024, Line 6. CYPRESS INSURANCE COMPANY's MOTION TO INTERVENE. Off calendar. Stipulation to allow moving party to intervene filed June 21, 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)
Ruling
THE ESTATE OF TEOFILO FERRER ET AL VS. SUTTER HEALTH, A BUSINESS ENTITY ET AL
Jul 10, 2024 |
CGC23607228
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)
Ruling
PADRAIC RYAN VS. 41 TEHAMA, L.P., A DELAWARE CORPORATION ET AL
Jul 10, 2024 |
CGC24613636
Matter on the Law & Motion calendar for Wednesday, July 10, 2024, Line 13. DEFENDANT 41 TEHAMA LP, HINES INTERESTS LIMITED PARTNERSHIP AND WILLOWICK MANAGEMENT LLC's MOTION TO ADMIT COUNSEL PRO HAC VICE. Hearing required. 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)