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Notice Of Motion To Vacate Or, In The Alternative, Stay Or Modify Monetary Sanctions
Set for Law and Motion/Discovery Calendar on Wednesday, April 15, 2026, Line 8. 3 - Plaintiff Neville Wright's Motion To Vacate Or, In The Alternative, Stay Or Modify Monetary Sanctions is DENIED.
Plaintiff moves under Code of Civil Procedure section 473(b), which provides: "The court may, upon any terms as may be just, relieve a party or his or her legal representative from a judgment, dismissal, order, or other proceeding taken against him or her through his or her mistake, inadvertence, surprise, or excusable neglect." Plaintiff makes no showing that the sanctions orders are the result of his or her mistake, inadvertence, surprise, or excusable neglect. In fact, the sanctions order are mandatory consequences of Plaintiff's discovery abuses.
Where a party commits discovery abuses and others must incur expenses addressing those abuses, sanctions are appropriate, and monetary sanctions are the least severe. It is not an option for the court to allow discovery abuses to go unremedied. Plaintiff has not suggested any alternative sanctions. The court appreciates Plaintiff's financial situation. It does not follow, however, that Plaintiff must or should be excused from discovery sanctions. Plaintiff can avoid sanctions by ceasing his misuse of discovery.
The four motions decided today, however, do not indicate Plaintiff is on the right course.
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/JMQ) | |
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