LORAN SIMON VS. TODD BRABEC ET AL

Matter on calendar for Thursday, March 12, 2026, Line 3, DEFENDANT 426 FILLMORE ASSOCATION's Motion For Terminating Sanctions Re: Plaintiff's Refusal To Obey Court Order To Compel Plaintiff's Appearance At Deposition; Request For Monetary Sanctions Of $2,231.65 As Against Plaintiff. 2 - To be heard at 1:00 pm by Judge John M. True.

Defendant 426 FILLMORE ASSOCATION's motion for terminating sanctions is DENIED. The messenger service of this motion on 2/3/26 is timely under CCP 1005(b). In any event, plaintiff waived any service issue by responding on the merits. (See Carlton v. Quint (2000) 77 Cal.App.4th 690, 697 [party may waive notice defect by addressing the merits].)

This motion is largely moot. Plaintiff appeared for deposition on 1/12/26 and represents that he will appear again on 2/25/26. Given this representation, a terminating sanction is not appropriate. "Discovery sanctions should be appropriate to the dereliction, and should not exceed that which is required to protect the interests of the party entitled to but denied discovery." (Doppes v. Bentley Motors, Inc. (2009) 174 Cal.App. 4th 967, 992 (internal quotations omitted).)

The court denies the sanctions requests as it appears that both parties acted with substantial justification regarding scheduling the second deposition date. Defendant 426 FILLMORE ASSOCATION shall prepare a proposed order and e-mail it to contestdept302tr@sftc.org prior to the hearing even if the tentative ruling is not contested.

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.

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/JMT). | |