| Case | County / Judge | Motion | Ruling | Indexed | Hearing |
|---|
Notice Of Motion To Require Plaintiff To File An Undertaking
Set for Law and Motion/Discovery Calendar on Friday, December 19, 2025, Line 7.
2 - Defendant Richard Gibb's motion for an order requiring Plaintiff Mathilde Froustey to file an undertaking is DENIED.
California Code of Civil Procedure, section 1030, subdivision (a) states: "When the plaintiff in an action or special proceeding resides out of the state, or is a foreign corporation, the defendant may at any time apply to the court by noticed motion for an order requiring the plaintiff to file an undertaking to secure an award of costs and attorney's fees which may be awarded in the action or special proceeding. For the purposes of this section, 'attorney's fees' means reasonable attorney's fees a party may be authorized to recover by a statute apart from this section or by contract."
Subdivision (b) states: "The motion shall be made on the grounds that the plaintiff resides out of the state or is a foreign corporation and that there is a reasonable possibility that the moving defendant will obtain judgment in the action or special proceeding. The motion shall be accompanied by an affidavit in support of the grounds for the motion and by a memorandum of points and authorities. The affidavit shall set forth the nature and amount of the costs and attorney's fees the defendant has incurred and expects to incur by the conclusion of the action or special proceeding."
Defendant fails to identify any statute or contract that would allow him to recover reasonable attorney's fees in compliance with subdivision (a). He offers no substantial showing that he is presumably entitled to attorney's fees. Defendant fails to set forth the nature and amount of the costs and attorney's fees. Defendant failed to attach any meaningful calculation justifying his request for $90,000. The only evidence offered is a declaration from his lawyer stating that this amount reflects "costs" for depositions, subpoenas, medical consultants, and filing fees. (Madden Decl. 11-13.) Thus, Defendant offers no showing of a reasonable possibility that he will get attorney's fees or costs.
Defendant's request for judicial notice is denied.
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.
Looking for case law or statutes not cited here? Search published authorities
Examples: “Why did the court rule this way?” · “What were the procedural grounds?” · “Is appearance required?”
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/CM) | |