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A
SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN FRANCISCO
Document Scanning Lead Sheet
Sep-09-2011 4:21 pm
Case Number: CGC-09-489060
Filing Date: Sep-09-2011 4:18
Juke Box: 001 Image: 03323738
ORDER
GLORIA FORTIER et al VS. THE CITY AND COUNTY OF SAN FRANCISCO et al
001003323738
instructions:
Please place this sheet on top of the document to be scanned,Coo HAW
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DENNIS J. HERRERA, State Bar#139669
City Attomey eR I L
CANNE HOEPER, State Bar #11496)
Chief Trial Deputy San Francisco County Superior COUT
FREDERICK P. SHEINFIELD, stote Bar #142256 S|
Deputy City Attorney EP 09 20if
Fox Plaza
1390 Market Street, 6” Floor CLERK OF THE COURT
San Francisco, California 94102-5408 BY: = Te
Telephone: (415) 554-3872 Deputy Clerk
Facsimile; (415) 554-3837
E-Mail; tick. sheinfield@sfgov.org
Attorneys for Defendant 7
CITY AND COUNTY OF SAN FRANCISCO
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF SAN FRANCISCO
UNLIMITED JURISDICTION
GLORIA FORTIER, TRISTAN FORTIER- Case No. CGC-09-489060
MCGUIRE,
Plaintiffs, PREPOSED) ORDER DISMISSING ENTIRE
ACTION WITH PREJUDICE AND
Ys. AWARDING SANCTIONS
CITY AND COUNTY OF SAN FRANCISCO Wearing Date: July 18, 2011.
AND DOES 1 TO 200, Hearing Judge: Hon, Loretta M. Giorgi
Time; 9:00am. -
Defendants. Place: Dept. 302
Date Action Filed: August 20, 2009
Trial Date: Not Set
This matter came on regularly for hearing on July 18, 201 1, in Department 302 of the Superior
Court of California, County of San Francisco, located at 400 McAllister Street, San Francisca,
California, at 9:00 a.m, on the Court's Order to Show Cause hearing for contempt as to why this case
should be not be dismissed with prejudice. No Papers were filed by the parties, Deputy City Attomey
Frederick Sheinfield appeared on behalf of defendant, City and County of San Francisco. Gloria
1
{Propoved] Oriler Dismissing Entire Action With Prejudice & Awarding Sanctions wn MiAL20104100252\00713341 doo
Fortier, et al, vs, CCSF, Case # CGC 09-429060Fortier, acting in pro per on behalf of Plaintiffs, did not appear. The Court, having considered the
pleadings on file and the arguments of the parties, rules as follows:
On June 8, 2011, this Court granted Defendant City and County of San Francisco's motion to
-compeL responses to special interrogatories and request for production of documents. The Court
ordered Plaintiff Gloria Fortier to provide full and complete, verified written responses, without
evasion or objection, to Defendant City and County of San Prancisco's Supplemental Interrogatories
by July 15, 2011 at 5:00 pn. The Court ordered Plaintiff Gloria Fortier to provide full and complete, /
verified written respones, including documents, without evasion or objection, to Defendant City and
County of San Francisco's Supplemental Request for Production of Documents by July 15, 2011 at
5:00 p.m. The Court awarded sanctions in the amount of $500.00, to be paid the Defendant City and
County of San Francisca c/o the City Attorney's Office. However, payment was stayed pending
Plaintiff Gloria Fortier’s providing to Defendant City and County of San Francisco responses to
Supplemental Interrogetories and Supplemental Requesta for Production of Documents. The Court
ordered that if Plaintiff Gloria Fortier provided the responses as ordered, no sanctions would issue,
However, if she did not provide the responses as ordered, sanctions would issue. The Court set this
matter for an Order to Show Cause hearing for contempt on July 18, 2011 as to why this case should
not be dismissed with prejudice for Plaintiffs’ failure to comply with the Court's June 8, 2011 Order.
On June 8, 2011, this Court granted Defendant City and County of San Francisco's motion to
enforce the Court's October 27, 2010 order granting monetary sanctions for misuse of the discovery
process. The Court ordered Plaintiffs to pay Defendant City and County of San Francisco c/o the
Office of the City Attomey sanctions in the amount of $1,000 as ordered originally on October 27,
2010 by July 15, 2011] at 5:00 p.m. The Court awarded additional sanctions in the amount of $500.00,
to be paid to defendant City and County of San Francisco c/o the Office of the City Attorney by July
15, 2011 at 5:00 p.m. The Court set this matter for an Order to Show Cause hearing for contempt on
July 18, 2011 as to why this case should not be dismissed with prejudice for Plaintiffs’ failure to
comply with the Court's Fine 8, 2011 Order,
2
[Proposed] Order Dismissing Entire Action With Prejudice & Awarding Sanctions aAMiNHi20)0,) 0252100713341 doc.
Fortier, ct al, vs. CCSF, Case # CGC 09-489060The Court finds that Plaintiff failed to provide full and complete, verified written responses,
without evasion or objection, to Defendant City and County of San Francisco's Supplemental
Tnterrogatories or Defendant City and County of San Francisco's Supplemental Request for
Production of Documents by July 15, 2011 at 5:00 p.m. as ordered by the Court.
The Court finds that Plaintiffs failed to pay Defendant City and County of San Francisca o/o
the Office of the City Attomey sanctions in the amount of $1,500 by July 15, 2011 at 5:00 p.m, as
ordered by the Court.
The Court finds that Plaintiffs have misused the discovery process on multiple occasions by
failing to respond to discovery-and failing to comply with a Court Order, The Court further finds that
Plaintiffs have failed to comply with Court Orders to pay sanctions. -
The Court therefore orders as follows:
1, This action is dismissed with prejudice as to all parties and all causes of. action; .
2. Plaintiff's shall pay the City and County of San Francisco through the San Francisco's City
Attomey's Office sanctions in the amount of $2,000.00.
IT IS SO ORDERED. 2
DATED: SEP -2 20
Approved as to form:
SEE EXHIBIT ‘A’ RE ~~~
OMPLIANCE WITH CRE 9.1312
Dated:
Gloria Fortier
Tn Pro Per for Gloria Fortier and Tristan Fortier- McGuire
3 :
[Proposed] Order Dismissing Entire Action With Prejudice & Awarding Sanctions nAiGH2010\100252100713341.dor,
Fortier, at ai. vs. OCSF, Case # CGC 09-489060CITY AND COUNTY OF SAN FRANCISCO
DENNIS J. HERRERA
City Attorney
The Honorable Loretta Giorgi
Judge of the Superior Court
400 McAllister Strect, Dept, 302
San Francisco, CA 94102
OFFICE OF THE CITY ATTORNEY
FREDERICK P. SHEINFIELD
Deputy City AHorney
Direct Dial: (415) 54.3872
Email: rick.sheinfield@sfgov.org
August 3, 2011
Re: Fortier et al. ». CCSF; Case No. 09-489060
Dear Judge Giorgi: '
Enclosed please find a [Proposed] Order DISMISSING ENTIRE ACTION WITH
PREJUDICE AND AWARDING SAN! CTIONS. On July 18, 201 1, the City eanailed the
Proposed Order to Plaintiff asking her to approve it as to form. On July 25, 2011, the City mailed
the Proposed Order to Plaintiff asking her to approve it as to form. As of the date of this letter,
Plaintiff has not retumed the Proposed Order to the City or notified the City of my objections to
the Proposed Order. Pursuani to California Rule of Court 3.13 12, the Proposed Order is deemed
approved and the City is therefore transmitting the
statement that no response from Plaintiff's counsel
Please have your clerk file the original and
self-addressed stamped envelope.
Proposed Order to the Court with this
was received.
return our endorsed filed copy in the enclosed
Thank you for your courtesy in this matter. .
EXHIBIT "AN
Enclosures
Very truly yours,
DENNIS J. HERRERA.
asonike PSftiafeslt (on)
FREDERICK P. SHEINFIELD
Deputy City Attorney
Fox Plaza - 1390 Marxer Street, Sno FLOOR -
SAN FRANCISCO, CALIFORNIA 94] 02-5408
RECEPTION: (415) $54-3841 - Facstile: (415) 54-3837
AINIZ009\, 160252007 16809, doc ’
HO2 @= onyCITY AND COUNTY OF SAN FRANCISCO “OFFICE OF THE CITY ATTORNEY
DENNIS J. HERRERA Frederick P. Sheinfield
City Attorney Deputy City Attorney
Direct Olal: [415) 554-3872
Email; Tick.shelnfield @sfqev.org
July 25, 2011
Ms. Gloria Fortier
516 Ellis Street, Suite 201
San Francisco, CA 94109
Re: Fortier, et al, v. CSF, et al,
Dear Ms. Fortier:
As you know, I had emaiied to you attachments of a letter and Proposed Order on the
above-captioned matter. As Mr. Sheinfield and I have had no Tesponse to that email, J am once
again sending the letter and proposed Order to you via U.S. mail.
Pursuant to the Court's ruling on the Court's Order to Show Cause hearing for contempt
as to why this case should not be dismissed with prejudice, please find enclosed a copy of the
City's Proposed Ordet Dismissing Entire Action. Pursuant to Rule of Court Rule 3.1312, please
review the proposed order, and contact Mr. Sheinfield with your approval or any objections as to
form. If our office does not hear from you within five days of this letter, we will submit the
enclosed proposed order to the Court for signature.
Very truly yours,
Mary Martin) Secretary to
FREDERIGK P. 8:
- LD .
Deputy City Attomey
Enclosures
Fox PLAZA - 1390 Marker Stes, SUITE 600 » SAN FRANCISCO, CALIFORNIA 94102-5408
Reception: (415} 554-3800- Facsimne: (415} 554.3837
N:NWAIZ01 14, 100252\007 14722.docCc: Rick Sheinfield
Fortier v. CCSF, et al.
Mary Martin to: gloriafortier
07/18/2011 11:30 AM
Good morning, Ms. Fortler:
Please find attached a cover let
hearing held this morning at San Franc}
betng sent out via U.S. Mail of these sal
FORTIER letter enclosing proposed Order
|
PROPOSED Order Dismissing Entire Actién With Prejduice and Awarding Sanctions.pdf
Mary Martin
Legal Secretary
City Atiomey's Office
Direct: (415) 554-3982
E-mail: mary.martin@sfgov.org
je documents, Thank you.
tter and Proposed Order with regard to the Order to Show Cause
[sco Superior Court for your review and approval. Hard copies areCity AND COUNTY OF SAN FRANCISCO OFFICE OF THE CiTy ATTORNEY
EEA DENNIS J. HERRERA i Frederick P. Sheinfield
\ City Attorney - : Deputy City Altomey
: Direct Dial; 415} 554.3872
i Email: ficksheinfield@stgov.org
July 18, 2011
VIA IL AND U.S. MAIL :
Ms. Gloria Fortier
516 Ellis Street, Suite 201
San Francisco, CA 94109
gloriafortier@hormail.com |
Re: Fortier, et al, v. icsk et al.
Dear Ms, Fortier: i
Pursuant to the Court's tating on the Court's Order to Show Cause hearing for contempt
as to why this case should not be dismissed with prejudice, please find enclosed a copy of the
City's Proposed Order Dismissing Entire Action. Pursuant to Rule of Court Rule 3.13 12, please
review the proposed order, and contact me with your approval or any objections as to form. [ff
do not hear from you within five dalys of this letter, we will submit the enclosed proposed order
to the Court for signature. :
Very truly yours,
DENNIS J. HERRERA
City Attomey
FREDERICK P. SHEINFIELD
Deputy City Attomey
Enciosures !
Fox PLAZA - 1390 MARKET SrreET, Suite 600 + SAN FRANCISCO, CALIFORNIA 94102-5408
RECEPTION: (415) 554-3800- FaCsimue: (415) 554-3837
oNINI2011\ 100252007 19388.doe
Preview
A SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN FRANCISCO Document Scanning Lead Sheet Sep-09-2011 4:21 pm Case Number: CGC-09-489060 Filing Date: Sep-09-2011 4:18 Juke Box: 001 Image: 03323738 ORDER GLORIA FORTIER et al VS. THE CITY AND COUNTY OF SAN FRANCISCO et al 001003323738 instructions: Please place this sheet on top of the document to be scanned,Coo HAW 10 1] 12 13 14 15 16 17 18 19 20 21 * 22 23 24 25 26 27 28 DENNIS J. HERRERA, State Bar#139669 City Attomey eR I L CANNE HOEPER, State Bar #11496) Chief Trial Deputy San Francisco County Superior COUT FREDERICK P. SHEINFIELD, stote Bar #142256 S| Deputy City Attorney EP 09 20if Fox Plaza 1390 Market Street, 6” Floor CLERK OF THE COURT San Francisco, California 94102-5408 BY: = Te Telephone: (415) 554-3872 Deputy Clerk Facsimile; (415) 554-3837 E-Mail; tick. sheinfield@sfgov.org Attorneys for Defendant 7 CITY AND COUNTY OF SAN FRANCISCO SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SAN FRANCISCO UNLIMITED JURISDICTION GLORIA FORTIER, TRISTAN FORTIER- Case No. CGC-09-489060 MCGUIRE, Plaintiffs, PREPOSED) ORDER DISMISSING ENTIRE ACTION WITH PREJUDICE AND Ys. AWARDING SANCTIONS CITY AND COUNTY OF SAN FRANCISCO Wearing Date: July 18, 2011. AND DOES 1 TO 200, Hearing Judge: Hon, Loretta M. Giorgi Time; 9:00am. - Defendants. Place: Dept. 302 Date Action Filed: August 20, 2009 Trial Date: Not Set This matter came on regularly for hearing on July 18, 201 1, in Department 302 of the Superior Court of California, County of San Francisco, located at 400 McAllister Street, San Francisca, California, at 9:00 a.m, on the Court's Order to Show Cause hearing for contempt as to why this case should be not be dismissed with prejudice. No Papers were filed by the parties, Deputy City Attomey Frederick Sheinfield appeared on behalf of defendant, City and County of San Francisco. Gloria 1 {Propoved] Oriler Dismissing Entire Action With Prejudice & Awarding Sanctions wn MiAL20104100252\00713341 doo Fortier, et al, vs, CCSF, Case # CGC 09-429060Fortier, acting in pro per on behalf of Plaintiffs, did not appear. The Court, having considered the pleadings on file and the arguments of the parties, rules as follows: On June 8, 2011, this Court granted Defendant City and County of San Francisco's motion to -compeL responses to special interrogatories and request for production of documents. The Court ordered Plaintiff Gloria Fortier to provide full and complete, verified written responses, without evasion or objection, to Defendant City and County of San Prancisco's Supplemental Interrogatories by July 15, 2011 at 5:00 pn. The Court ordered Plaintiff Gloria Fortier to provide full and complete, / verified written respones, including documents, without evasion or objection, to Defendant City and County of San Francisco's Supplemental Request for Production of Documents by July 15, 2011 at 5:00 p.m. The Court awarded sanctions in the amount of $500.00, to be paid the Defendant City and County of San Francisca c/o the City Attorney's Office. However, payment was stayed pending Plaintiff Gloria Fortier’s providing to Defendant City and County of San Francisco responses to Supplemental Interrogetories and Supplemental Requesta for Production of Documents. The Court ordered that if Plaintiff Gloria Fortier provided the responses as ordered, no sanctions would issue, However, if she did not provide the responses as ordered, sanctions would issue. The Court set this matter for an Order to Show Cause hearing for contempt on July 18, 2011 as to why this case should not be dismissed with prejudice for Plaintiffs’ failure to comply with the Court's June 8, 2011 Order. On June 8, 2011, this Court granted Defendant City and County of San Francisco's motion to enforce the Court's October 27, 2010 order granting monetary sanctions for misuse of the discovery process. The Court ordered Plaintiffs to pay Defendant City and County of San Francisco c/o the Office of the City Attomey sanctions in the amount of $1,000 as ordered originally on October 27, 2010 by July 15, 2011] at 5:00 p.m. The Court awarded additional sanctions in the amount of $500.00, to be paid to defendant City and County of San Francisco c/o the Office of the City Attorney by July 15, 2011 at 5:00 p.m. The Court set this matter for an Order to Show Cause hearing for contempt on July 18, 2011 as to why this case should not be dismissed with prejudice for Plaintiffs’ failure to comply with the Court's Fine 8, 2011 Order, 2 [Proposed] Order Dismissing Entire Action With Prejudice & Awarding Sanctions aAMiNHi20)0,) 0252100713341 doc. Fortier, ct al, vs. CCSF, Case # CGC 09-489060The Court finds that Plaintiff failed to provide full and complete, verified written responses, without evasion or objection, to Defendant City and County of San Francisco's Supplemental Tnterrogatories or Defendant City and County of San Francisco's Supplemental Request for Production of Documents by July 15, 2011 at 5:00 p.m. as ordered by the Court. The Court finds that Plaintiffs failed to pay Defendant City and County of San Francisca o/o the Office of the City Attomey sanctions in the amount of $1,500 by July 15, 2011 at 5:00 p.m, as ordered by the Court. The Court finds that Plaintiffs have misused the discovery process on multiple occasions by failing to respond to discovery-and failing to comply with a Court Order, The Court further finds that Plaintiffs have failed to comply with Court Orders to pay sanctions. - The Court therefore orders as follows: 1, This action is dismissed with prejudice as to all parties and all causes of. action; . 2. Plaintiff's shall pay the City and County of San Francisco through the San Francisco's City Attomey's Office sanctions in the amount of $2,000.00. IT IS SO ORDERED. 2 DATED: SEP -2 20 Approved as to form: SEE EXHIBIT ‘A’ RE ~~~ OMPLIANCE WITH CRE 9.1312 Dated: Gloria Fortier Tn Pro Per for Gloria Fortier and Tristan Fortier- McGuire 3 : [Proposed] Order Dismissing Entire Action With Prejudice & Awarding Sanctions nAiGH2010\100252100713341.dor, Fortier, at ai. vs. OCSF, Case # CGC 09-489060CITY AND COUNTY OF SAN FRANCISCO DENNIS J. HERRERA City Attorney The Honorable Loretta Giorgi Judge of the Superior Court 400 McAllister Strect, Dept, 302 San Francisco, CA 94102 OFFICE OF THE CITY ATTORNEY FREDERICK P. SHEINFIELD Deputy City AHorney Direct Dial: (415) 54.3872 Email: rick.sheinfield@sfgov.org August 3, 2011 Re: Fortier et al. ». CCSF; Case No. 09-489060 Dear Judge Giorgi: ' Enclosed please find a [Proposed] Order DISMISSING ENTIRE ACTION WITH PREJUDICE AND AWARDING SAN! CTIONS. On July 18, 201 1, the City eanailed the Proposed Order to Plaintiff asking her to approve it as to form. On July 25, 2011, the City mailed the Proposed Order to Plaintiff asking her to approve it as to form. As of the date of this letter, Plaintiff has not retumed the Proposed Order to the City or notified the City of my objections to the Proposed Order. Pursuani to California Rule of Court 3.13 12, the Proposed Order is deemed approved and the City is therefore transmitting the statement that no response from Plaintiff's counsel Please have your clerk file the original and self-addressed stamped envelope. Proposed Order to the Court with this was received. return our endorsed filed copy in the enclosed Thank you for your courtesy in this matter. . EXHIBIT "AN Enclosures Very truly yours, DENNIS J. HERRERA. asonike PSftiafeslt (on) FREDERICK P. SHEINFIELD Deputy City Attorney Fox Plaza - 1390 Marxer Street, Sno FLOOR - SAN FRANCISCO, CALIFORNIA 94] 02-5408 RECEPTION: (415) $54-3841 - Facstile: (415) 54-3837 AINIZ009\, 160252007 16809, doc ’ HO2 @= onyCITY AND COUNTY OF SAN FRANCISCO “OFFICE OF THE CITY ATTORNEY DENNIS J. HERRERA Frederick P. Sheinfield City Attorney Deputy City Attorney Direct Olal: [415) 554-3872 Email; Tick.shelnfield @sfqev.org July 25, 2011 Ms. Gloria Fortier 516 Ellis Street, Suite 201 San Francisco, CA 94109 Re: Fortier, et al, v. CSF, et al, Dear Ms. Fortier: As you know, I had emaiied to you attachments of a letter and Proposed Order on the above-captioned matter. As Mr. Sheinfield and I have had no Tesponse to that email, J am once again sending the letter and proposed Order to you via U.S. mail. Pursuant to the Court's ruling on the Court's Order to Show Cause hearing for contempt as to why this case should not be dismissed with prejudice, please find enclosed a copy of the City's Proposed Ordet Dismissing Entire Action. Pursuant to Rule of Court Rule 3.1312, please review the proposed order, and contact Mr. Sheinfield with your approval or any objections as to form. If our office does not hear from you within five days of this letter, we will submit the enclosed proposed order to the Court for signature. Very truly yours, Mary Martin) Secretary to FREDERIGK P. 8: - LD . Deputy City Attomey Enclosures Fox PLAZA - 1390 Marker Stes, SUITE 600 » SAN FRANCISCO, CALIFORNIA 94102-5408 Reception: (415} 554-3800- Facsimne: (415} 554.3837 N:NWAIZ01 14, 100252\007 14722.docCc: Rick Sheinfield Fortier v. CCSF, et al. Mary Martin to: gloriafortier 07/18/2011 11:30 AM Good morning, Ms. Fortler: Please find attached a cover let hearing held this morning at San Franc} betng sent out via U.S. Mail of these sal FORTIER letter enclosing proposed Order | PROPOSED Order Dismissing Entire Actién With Prejduice and Awarding Sanctions.pdf Mary Martin Legal Secretary City Atiomey's Office Direct: (415) 554-3982 E-mail: mary.martin@sfgov.org je documents, Thank you. tter and Proposed Order with regard to the Order to Show Cause [sco Superior Court for your review and approval. Hard copies areCity AND COUNTY OF SAN FRANCISCO OFFICE OF THE CiTy ATTORNEY EEA DENNIS J. HERRERA i Frederick P. Sheinfield \ City Attorney - : Deputy City Altomey : Direct Dial; 415} 554.3872 i Email: ficksheinfield@stgov.org July 18, 2011 VIA IL AND U.S. MAIL : Ms. Gloria Fortier 516 Ellis Street, Suite 201 San Francisco, CA 94109 gloriafortier@hormail.com | Re: Fortier, et al, v. icsk et al. Dear Ms, Fortier: i Pursuant to the Court's tating on the Court's Order to Show Cause hearing for contempt as to why this case should not be dismissed with prejudice, please find enclosed a copy of the City's Proposed Order Dismissing Entire Action. Pursuant to Rule of Court Rule 3.13 12, please review the proposed order, and contact me with your approval or any objections as to form. [ff do not hear from you within five dalys of this letter, we will submit the enclosed proposed order to the Court for signature. : Very truly yours, DENNIS J. HERRERA City Attomey FREDERICK P. SHEINFIELD Deputy City Attomey Enciosures ! Fox PLAZA - 1390 MARKET SrreET, Suite 600 + SAN FRANCISCO, CALIFORNIA 94102-5408 RECEPTION: (415) 554-3800- FaCsimue: (415) 554-3837 oNINI2011\ 100252007 19388.doe