| Case | County / Judge | Motion | Ruling | Indexed | Hearing |
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NOTICE OF MOTION FOR TERMINATING SANCTIONS AND MONETARY SANCTIONS FOR FAILURE TO COMPLY WITH ORDERS COMPELLING DISCOVERY RESPONSES
Matter on calendar for Monday, January 5, 2026, Line 4, PLAINTIFF AAA ELECTRIC CO.'s Motion For Terminating Sanctions And Monetary Sanctions For Failure To Comply With Orders Compelling Discovery Responses. (Part 3 of 3).
The court denies Plaintiff's request for terminating sanctions. First, notice of the order to appear for deposition has never been served. (See Code of Civil Procedure section 1019.5.) Indeed, as best the court can determine, Plaintiff failed to perform its duty to even submit a proposed order on this motion as required under San Francisco Local Rule 8.3(g). To be sure, Plaintiff never followed up with the court regarding a signed order. Plaintiff waited three months to submit a proposed order on the motion compelling responses to its interrogatories and by such time the compliance date had long passed. Plaintiff is advised to be more attentive to the relevant rules and more prompt in its performance of its obligations. On this record, the court exercises its discretion against terminating sanctions. This is not a close call.
Plaintiff's request for monetary sanctions is denied. This said, Defendant is admonished to comply with his obligations under the Civil Discovery Act. Self-represented parties are held to the same standards as parties represented by counsel. The record demonstrates a troubling pattern of non-compliance by Defendant. Defendant's "Declaration of Demurring or Moving Party in Support of Automatic Extension" is of no effect on this motion. In any event, Defendant was served with summons more than ten months ago and the court will not hold proceedings in abeyance indefinitely just because Defendant is still looking for counsel.
Moving Party is ordered to prepare a proposed order which repeats the above text verbatim and email it to contestdept302tr@sftc.org prior to the time set for hearing.
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.
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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. (End of tentative ruling). =(302/JMQ). |