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CGC24611380·sf·Civil·Discovery
OFF CALENDAR

CHRISTINA REGINA ELISA DE SIMONE VS. MARK GIANCARLO DEVITO ET AL

Motion To Compel Mental Examination

Hearing date
May 14, 2026
Department
302
Prevailing
N/A
Appearance
Not required

Motion type

Other

Parties

PlaintiffCHRISTINA REGINA ELISA DE SIMONE
DefendantMARK GIANCARLO DEVITO
DefendantBRENNAN MATTHEW KALL
DefendantCHRISTOPHER KALL

Ruling

Set for Law and Motion/Discovery on Wednesday May 14 2026 Line 2, DEFENDANT BRENNAN KALL's Motion To Compel Mental Examination By Defendants/Cross-Complainants Brennan Matthew Kall And Christopher Kall.

Defendants/Cross-Complainants Brennan Matthew Kall And Christopher Kall's Motion To Compel Mental Examination is OFF CALENDAR.

Defendants/Cross-Complainants noticed their motion for hearing on 5/19/2026. On 4/27/2026 and by written order, the court, the Honorable Richard C. Darwin presiding, without conducting a hearing granted Defendants/Cross-Complainants ex parte to shorten time and advance the hearing to 5/14/2026. The court also advanced the date for any opposition to May 5, 2026.

Defendants/Cross-Complainants, however, failed to file a notice of entry of the 4/27/2026 order or otherwise prove they gave notice of the order to the other parties. There is no record the other parties waived notice. On this record, proceeding according to the 4/27/2026 order would violate fundamental tenets of due process.

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/JMQ) | |

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