| Case | County / Judge | Motion | Ruling | Indexed | Hearing |
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MOTION TO STRIKE AMENDED COMPLAINT
SF Superior Court - Law & Motion / Discovery Dept 302 - CGC25627042 - March 16, 2026 Hearing date: March 16, 2026 Case number: CGC25627042 Case title: LAURO ARIAS GONZALEZ VS. FILLMORE MERCHANTS ANDIMPROVEMENT ASSOCIATION,INC. ET AL Case Number: | | CGC25627042 | Case Title: | | LAURO ARIAS GONZALEZ VS. FILLMORE MERCHANTS ANDIMPROVEMENT ASSOCIATION,INC. ET AL | Court Date: | | 2026-03-16 09:00 AM | Calendar Matter: | | MOTION TO STRIKE Amended COMPLAINT | Rulings: | | On the Law & Motion/Discovery calendar for Monday, March 16, 2026, Line 10, 2. DEFENDANTS TIMOTHY OMI, PATTI MANGAN, FILLMORE MERCHANTS AND IMPROVEMENT ASSOCIATION'S, MOTION TO STRIKE AMENDED COMPLAINT.
Defendants Timothy Omi, Patti Mangan and Fillmore Merchants and Improvement Association's Motion to Strike Portions of Plaintiff's First Amended Complaint is OFF CALENDAR.
Defendants have not demonstrated their moving papers were timely served. (See Code of Civil Procedure section 1005(b) [motion must be filed and served 16 court days before hearing]; Code of Civil Procedure section 1013(a) [service by mail where place of address and place of mailing are within State of adds 5 calendar days to the period of notice]; see Code of Civil Procedure section 1010.6(a)(3)(B) [service by email adds two court days to "any period of notice"].)
Defendants served their moving papers on Plaintiff electronically on 2/20/2026, which is not 16 court days plus two court days before 3/20/2026, the hearing date noticed. The notice issues are heightened where, as here, no substantive opposition was filed.
Defendants must file a response to the First Amended Complaint within 20 days of this order.
The court further notes it did not receive courtesy copies of any papers. A failure to provide courtesy copies as required by the Local Rules is grounds to take the motion off calendar. (SFLR 2.7(B).)
Prior to the hearing, Defendants shall lodge by email to contestdept302tr@sftc.org a proposed order repeating the above verbatim.
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.
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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. = (302/JMQ) | |