MARIANGEL AGUILAR ET AL VS. SHORT STORY, INC., A DELAWARE CORPORATION ET AL

SF Superior Court - Law & Motion / Discovery Dept 302 - CGC24614404 - July 16, 2026 Hearing date: July 16, 2026 Case number: CGC24614404 Case title: MARIANGEL AGUILAR ET AL VS. SHORT STORY, INC., A DELAWARE CORPORATION ET AL Case Number: | | CGC24614404 | Case Title: | | MARIANGEL AGUILAR ET AL VS. SHORT STORY, INC., A DELAWARE CORPORATION ET AL | Court Date: | | 2026-07-16 09:00 AM | Calendar Matter: | | Notice Of Motion And Motion For Leave To File First Amended Answer | Rulings: | | Set for Law and Motion/Discovery Calendar on Thursday, July 17, 2026, Line 5.

Defendant Short Story, Inc.'s motion for leave to file amended answer is granted on the condition that no later than July 31, 2026 Short Story serve verified responses without objections to general form interrogatory 15.1 as to its two new affirmative defenses and, to the extent that it has not already done so, produce all documents identified in those responses.

Plainitffs' request for fees and costs that it may incur for discovery on the two new affirmative defenses is premature since it is unknown what discovery, if any, plaintiffs' contend may be necessary and the court's condition on granting this motion may obviate any need for such discovery.

The court exercises its discretion to consider plaintiffs' late-filed opposition. Short Story has provided a satisfactory explanation for its request to re-allege the affirmative defense of avoidable consequences and thus plaintiff's argument that Short Story abandoned that affirmative defense is rejected. Plaintiffs' arguments that the avoidable consequences affirmative defense fails as a matter of law is essentially a motion for summary adjudication without compliance with the requirements of such a motion and is not a basis to oppose this motion.

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.