SF Superior Court - Law & Motion / Discovery Dept 301 - CGC22604281 - June 24, 2026 Hearing date: June 24, 2026 Case number: CGC22604281 Case title: MATTHEW WAGNER VS. DOE 1 ET AL Case Number: | | CGC22604281 | Case Title: | | MATTHEW WAGNER VS. DOE 1 ET AL | Court Date: | | 2026-06-24 09:00 AM | Calendar Matter: | | MOTION FOR JUDGMENT ON THE PLEADINGS | Rulings: | | On the Law & Motion/Discovery calendar for Wednesday, June 24, 2026, Line 1, DEFENDANTS USA WEST PROVINCE, SOCIETY OF JESUS' MOTION FOR JUDGMENT ON THE PLEADINGS.

Defendant USA West Province, Society of Jesus's ("USA West") motion for judgment on the pleadings is granted without leave to amend.

USA West's request for judicial notice is denied. While the court may take judicial notice of previous orders and court documents, defendant improperly offers these prior orders for the legal reasoning pertaining to sustaining demurrers to public nuisance claims in clergy abuse cases. Notice is limited to the relevant facts properly subject to notice given the materials presented and does not, for example, extend to the truth of assertions in pleadings or transcripts. (See Richtek USA, Inc. v. UPI Semiconductor Corp. (2015) 242 Cal.App.4th 651, 659-660.)

Plaintiff Matthew Wagner's request for judicial notice is denied for similar reasons. Plaintiff also requests the court take judicial notice of multiple articles and lists of reported sexual abuse incidents. However, Plaintiff requests judicial notice not for the existence of the articles and reports but for the truth of their contents.

The court exercises its discretion to consider the late-filed motion under Code of Civil Procedure, section 438, subdivision (e). The court finds no prejudice to Wagner in light of the substantive opposition on the merits. (See Burnett v. Chimney Sweep (2004) 123 Cal.App.4th 1057, 1063.) "The interests of all parties are advanced by avoiding a trial and reversal for defect in pleadings." (Id.) (The Court's complete tentative ruling was emailed to all parties.)

For the 9:00 a.m. calendar, all attorneys and parties may appear in Department 301 remotely or in person. Remote hearings will be conducted by videoconference using Zoom. (Dept. 301 Zoom ID 161 502 4290; Passcode 700956.) 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 contestdept301tr@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 contestdept301tr@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 or Discovery 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. =(301/CVA) | |