RAYMOND VINCENT DIGIACOMO JR. VS. HEALTHRIGHT 360 ET AL

SF Superior Court - Law & Motion / Discovery Dept 302 - CGC22601012 - December 9, 2025 Hearing date: December 9, 2025 Case number: CGC22601012 Case title: RAYMOND VINCENT DIGIACOMO JR. VS. HEALTHRIGHT 360 ET AL Case Number: | | CGC22601012 | Case Title: | | RAYMOND VINCENT DIGIACOMO JR. VS. HEALTHRIGHT 360 ET AL | Court Date: | | 2025-12-09 09:00 AM | Calendar Matter: | | Notice Of Motion And Motion For Sanctions Against Defendants, Joseph G. Helfrick, And Lauria Tokunaga Gates And Linn, Llp; Declaration; And, Memorandum. | Rulings: | | Set for Law and Motion/Discovery Calendar on Tuesday, December 09, 2025, Line 1. 1 - PLAINTIFF RAYMOND DIGIACOMO Motion For Sanctions Against Defendants, Joseph G. Helfrick, And Lauria Tokunaga Gates And Linn, Llp.

Plaintiff's motion for sanctions is denied. The court considers defendants' late opposition. Plaintiff was not prejudiced and filed a reply on the merits. Plaintiff fails to demonstrate that defendants' counsel acted frivolously within the meaning of CCP 128.5(b)(2) ["totally and completely without merit"] or CCP 128.7. The record shows that defense counsel extensively met and conferred with plaintiff regarding the original answer, agreed to file an amended answer, and indicated that other changes would not be made. (Helfrick Decl., pars. 4-6.) While defense counsel should have responded to plaintiff's requests to meet and confer regarding the amended answer (CCP 430.41(a) [obligation to meet and confer again where there is an amended pleading]), the court cannot say that counsels' failure to do so was "frivolous" or in bad faith to harass plaintiff.

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.