Notice Of Motion And Motion To Compel Further Responses To Requests For Production Of Documents, Set One And Form Interrogatories, Set One, Against Defendants 1000 Van Ness Lp And James Kilpatrick; And Request For Sanctions
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Set for Law and Motion/Discovery Calendar on Monday, August 10, 2026, Line 8. Plaintiff Physical Culture Athletic Club LLC's motion to compel further responses from defendant 1000 Van Ness LP and James Kilpatrick (collectively "landlord") to PCAC's first sets of document requests and form interrogatories and for monetary sanctions is granted in part.
On its motion and in the interests of justice, the court consolidates this case with 630758 for discovery purposes only without prejudice to any party filing a motion to dismiss one of these two cases or a motion to consolidate both cases for all purposes. Any such motion needs to be noticed to be heard in department 501. From here on, one set of discovery and one deposition notice suffices for both cases and there will be no duplicative or overlapping discovery served or taken in the two cases.
With the consolidation of these two cases for discovery purposes only, landlord's objections based on having to respond to substantially similar discovery requests in two cases are now moot and PCAC is entitled to receive responses to the discovery it served without such objections. At its option, no later than August 20, 2026 PCAC may choose to proceed with the discovery it previously served in one of the two cases or it may revise its discovery requests to cover both cases and serve revised discovery requests to the landlord. Landlord must serve verified, code-compliant responses to the discovery within 30 days of an email from PCAC identifying discovery it previously served as the now applicable discovery or service of revised discovery requests by PCAC.
No monetary sanctions are awarded. Each side acted in part with substantial justification and in part without substantial justification.
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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