JOHN SACKETT VS. THE REGENTS OF THE UNIVERSITY OF CALIFORNIA ET AL

Set for Law and Motion/Discovery Calendar on Thursday, July 23, 2026, Line 3.

Defendants' demurrer to the second cause of action for res ipsa loquitur and the third cause of action for fraud by concealment in the first amended complaint filed by plaintiff John Sackett is sustained without leave to amend as to the second cause of action and overruled as to the third cause of action.

Res ipsa loquitur is not a cause of action. As Sackett correctly states in paragraphs 25 and 26 of his first amended complaint, res ipsa loquitur is a legal doctrine that affects the evidence required to prove a negligence claim.

Sackett's concealment claim adequately alleges that each defendant participated in his hernia surgery and concealed from him the alleged fact that the "operative error" that the robot broke during surgery and the "true reason" why his surgery took much longer than originally expected.

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/HEK) | |