Amended Notice Of Hearing On Motion For Interpleader Direction, Discharge Of Stakeholder And Reasonable Attorneys Fees
Matter on calendar for Monday, July 07, 2026, Line 4, PLAINTIFF BUTCHERSHOP CREATIVE, LLC's Amended Notice Of Hearing On Motion For Interpleader Direction, Discharge Of Stakeholder And Reasonable Attorneys Fees.
CFO Rick, Inc., Rick Belgarde, and Karen Keller (the "Interpleader Plaintiffs") filed a Motion for Interpleader Direction, Discharge of Stakeholder and Reasonable Attorney's Fees (the "Motion") on July 22, 2025. Interpleader Defendants Centerstone SBA Lending, Inc. ("Centerstone") and Butchershop Creative LLC ("Butchershop") filed written opposition to various aspects of the relief requested in the Motion. The court continued the hearing on the Motion to August 25, 2026.
On June 8, 2026, Centerstone and Butchershop filed a document entitled "Stipulation Between Centerstone SBA Lending, Inc. and Butchershop Creative LLC For the Release of the Interpleaded Funds to the San Mateo County Sheriff Pursuant to Centerstone SBA Lending Inc's Judicial Lien Under Its Writ of Attachment" (the "Stipulation"). On June 10, 2026, the Interpleader Plaintiffs filed a written Objection to the Stipulation. On June 15, 2026, they filed and served an amended notice purporting to advance the August 25, 2026 hearing on the Motion to July 7, 2026 without requesting or obtaining an order to shorten time for service.
Code of Civil Procedure 1005 requires a notice of motion to be served and filed at least sixteen (16) court days before the hearing. Here, the Interpleader Plaintiffs provided only fourteen (14) days notice that they intended to advance the hearing date to July 7, 2026. Accordingly, on the court's own motion, the matter is continued to August 25, 2026 for hearing.
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.
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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/CM). | |