LORAN SIMON VS. TODD BRABEC ET AL

SF Superior Court - Law & Motion / Discovery Dept 302 - CGC22601268 - January 5, 2026 Hearing date: January 5, 2026 Case number: CGC22601268 Case title: LORAN SIMON VS. TODD BRABEC ET AL Case Number: | | CGC22601268 | Case Title: | | LORAN SIMON VS. TODD BRABEC ET AL | Court Date: | | 2026-01-05 09:00 AM | Calendar Matter: | | Notice Of And Motion For Terminating, Issue, Evidence, And/Or Monetary Sanctions Of $2,161.65 As To Plaintiff Loran Simon For Failure To Obey Court Order Re: Responses To Discovery; Memorandum Of Points And Authorities Request For Judicial Notice; [Proposed] Order; Declaration Of Josephine Baurac Filed Concurrently | Rulings: | | Matter on calendar for Monday, January 5, 2026, Line 2, DEFENDANT 426 FILLMORE ASSOCATION's Motion For Terminating, Issue, Evidence, And/Or Monetary Sanctions Of $2,161.65 As To Plaintiff Loran Simon For Failure To Obey Court Order Re: Responses To Discovery. 1 - Defendant 426 Fillmore Association's ("HOA") motion for terminating, issue, evidence, and/or monetary sanctions is DENIED. Defendant HOA argues that Plaintiff Loran Simon willfully violated this court's 8/22/25 orders. The record demonstrates Plaintiff appeared at the 8/22/25 hearing and had actual notice of the court's 8/22/2025 rulings (adopting its tentative rulings) that discovery responses must be provided by 9/12/25. In addition, on October 16, 2025, Defendant HOA informed Plaintiff of his noncompliance and sought the responses. (Baurac Decl, Ex. D.) Plaintiff failed to respond to this communication. (Baurac Decl., par. 14.) The record, however, demonstrates that Defendant HOA never served notice of those orders on Plaintiff in compliance with Code of Civil Procedure section1019.5. The record does not demonstrate Plaintiff waived notice. (See Simon Decl., par. 17.) Given Defendants' failure to comply with the notice requirement, the court declines to award terminating, issue, or evidence sanctions. The court orders Plaintiff to respond to the discovery in compliance with the 8/22/25 orders no later than January 26, 2026. Plaintiff contends the underlying discovery motions were untimely, but the court will not revisit the prior rulings, which rejected this contention. Sanctions are denied. For the 9:00 a.m. calendar, all attorneys and parties may appear in Department 302 remotely or in person. Remote hearings will be conducted by videoconference using Zoom. (Dept. 302 Zoom ID 160 409 7690; Passcode 516287.) 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/JMQ). |