Related Content
in San Francisco County
Case
JUZHUANG TANG VS. WANCHANG CAI
Jul 10, 2024 |
PETITION FOR DISSOLUTION WITHOUT CHILDREN |
PETITION FOR DISSOLUTION WITHOUT CHILDREN |
FDI24799957
Case
IN RE: ETHAN ANDREW HOLM
Jul 08, 2024 |
PETITION FOR CHANGE OF NAME AND GENDER |
PETITION FOR CHANGE OF NAME AND GENDER |
CNC24558946
Ruling
EVAN KROW VS. ACCESS MARIN, INC. ET AL
Jul 10, 2024 |
CGC23604737
Matter on the Law & Motion calendar for Wednesday, July 10, 2024, Line 6. DEFENDANT ROBERT ELAM's Motion For Relief From Default. Continued to July 26, 2024, to be heard by Judge East. =(302/RBU)
Ruling
RE-VOLV VS. SOLARE POWER, LLC
Jul 11, 2024 |
CPF24518578
Matter on the Law & Motion calendar for Thursday, July 11, 2024, Line 2. PETITIONER RE-VOLV's MOTION TO COMPEL ARBITRATION. Petitioner's unopposed "petition to confirm contractual arbitration award" is granted. 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
FDI-16-786086
Jul 09, 2024 |
FDI-16-786086
2 COUNTY OF SAN FRANCISCO
3 UNIFIED FAMILY COURT
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6 ELIZABETH P JOHNSON, ) Case Number: FDI-16-786086
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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 DONALD JAMES JR, ) Department: 403
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10 Respondent ) Presiding: JUDITH HARDING
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11 )
12 REQUEST FOR ORDER ORDER QUASHING SUBPOENAS
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 On for hearing is Father’s 4/29/2024 Request for Order (“RFO”) to quash the 4/25/2024
17 subpoenas issued to Dr. Heineman, Dr. Conrad, Donna Guillory, MFT, and David Fink, because a review
18 hearing does not reopen discovery and there is no RFO pending. Mother filed Responsive Declaration
19 requesting the Court deny the RFO to quash the subpoenas.
20 The parties 9/17/2018 judgment on reserved issues, reserved on the issue child custody and
21 visitation. The parties’ attached MSA provided that the parties shared joint legal and physical custody of
22 Dylan and the parties the custody schedule was set forth in the stipulation filed 7/6/2017, which noted that
23 Father informed Mother he intends to seek a higher share of Dylan’s time. An amended DVRO was then
24 issued on 8/23/2021, which gave Mother legal and physical custody. On 3/28/2024 the Court issued a
25 Statement of Decision (“SOD’) stemming from Father’s 8/29/22 RFO for a change in custody and
26 Mother’s 3/20/2023 RFO for Move-Away. That SOD, in part, set a review hearing for June 2024 to
27 determine the status of the parties’ enrollment in therapy as ordered and to increase Father’s time, with a
28 goal of 50/50 parenting time.
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1 Father seeks to quash Mother’s subpoenas of the above professionals because Family Code
2 section 218 provides that discovery is closed, a review hearing does not reopen discovery as it is not a
3 Request for Order, and the subpoenas seek information that is privileged under Evidence Code 1014.
4 Mother requests the Court deny the RFO because there has not been a final judgment on custody and
5 visitation and the matter remains unresolved.
6 This Court finds that entry of judgment occurred in this case on 9/17/2018, therefore Family Code
7 section 218, is applicable. Thus, under CCP 2024.020, discovery closed 30 days before the 7/25/2023 trial
8 on the parties’ RFOs. There are no outstanding RFOs or trial dates. The only item remaining on calendar,
9 is the 8/22/2024 review hearing on the issues of visitation and status of therapy. Any subpoena requests
10 should have been raised prior to the trial on custody issues. Mother’s argument that the subpoenas tend to
11 lead to admissible evidence at a trial on custody and visitation is speculation, because there is no new
12 request for trial on those issues. For these reasons, Father’s RFO to quash the subpoenas, is granted.
13 There is then no need for the Court to rule on whether the subpoenas seek information that is privileged
14 under Evidence Code 1014.
15 Father’s request for sanctions is denied. Counsel for Father shall prepare the order. Preparation
16 of Order: If you are directed by the court to prepare the order after hearing – within 10 calendar days of
17 the hearing you must either: (a) Serve the proposed order to the other party/counsel for approval, and
18 follow the procedures set forth in CA Rules of Court, Rule 5.125(c), or (b) If the other party did not
19 appear or the matter was uncontested, submit the proposed order after hearing directly to the court.
20 Failure to submit the order after hearing within 10 days may allow the other party to prepare a proposed
21 order and submit it to the court in accordance with CA Rules of Court, Rule 5.125(d).
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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
ALI A. AMINI ET AL VS. ANDREW LINTON ET AL
Jul 10, 2024 |
CUD24674655
Real Property/Housing Court Law and Motion Calendar for July 10, 2024 line 7. DEFENDANT ANDREW LINTON , AN INDIVIDUAL DEMURRER TO COMPLAINT is OVERRULED in part. Demurrer is OVERRULED as to (1) the purported failure to comply with the California Debt Fair Debt Collection Act. Moving party failed to show based on the allegations of the complaint that Plaintiff's counsel is a "debt-collector" within the meaning of the act regularly engaged in regular collection of consumer debts per Heintz v. Jenkins (1995) 514 U.S. 291; and (2) failure to allege the specific exemption from TPA 2019; such allegation of exemption appears in the exhibit to the Complaint. The Court will treat the argument regarding prayer for costs as a motion to strike and grants it with leave to amend for plaintiff to reconcile this demand with the provision of the Lease stating that "In any unlawful detainer or eviction/ejectment proceeding, each side shall bear their own attorney's fees and court costs." Plaintiff shall have 5 days from notice of entry of order to file an amended complaint. If Plaintiff fails to file an amended complaint in five days, Defendant shall file an answer in 10 days from notice of entry of order. =(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
CLEAR HOMES LLC, A NEW MEXICO LIMITED LIABILITY VS. BRENDAN MICHAEL WEE ET AL
Jul 11, 2024 |
CGC23607972
Real Property/Housing Court Law and Motion Calendar for July 11, 2024 line 2. DEFENDANT BRENDAN WEE, ERIKA HILTON MOTION FOR JUDGMENT ON THE PLEADINGS is Off Calendar - Per request of moving party. =(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
GERARDO GUTIERREZ VS. FRAICHE CATERING, INC., ET AL
Jul 12, 2024 |
CGC23605255
Matter on the Law & Motion calendar for Friday, July 12, 2024, Line 10. 2 - PLAINTIFF GERARDO GUTIERREZ'S Motion For Final Approval Of Class Action Settlement, And Request For Attorneys Fees And Costs. Continued to August 9, 2024, to allow the moving party a chance to comply with SF Local Rule 2.7B (courtesy copies). Friday's Law & Motion Calendar will be called out of Dept. 301. Anyone intending to appear in person should report to Dept. 301. However, anyone intending to appear remotely should use the regular Zoom information for Dept. 302's Law & Motion Calendar for 9:30 a.m. 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/RCE)