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Notice Of Motion To Withdraw And Amend Deemed Admission; And For Relief From Order Under Ccp 2033.300 And 473(B)
Set for Law and Motion/Discovery Calendar on Tuesday, December 09, 2025, Line 5. DEFENDANTs SIC-MCM 825 POST STREET, LP, andGREENTREE PROPERTY MANAGEMENT INC.'s Motion To Withdraw And Amend Deemed Admission; And For Relief From Order Under Ccp 2033.300 And 473(B).
Defendants SCI-MCM 825 Post Street, LP and Greentree Property Mgt, Inc's partially unopposed Motion to Withdraw and Amend Deemed Admissions is granted.
On November 17, 2025, Plaintiffs filed a statement indicating they did not oppose Defendants' request for relief from deemed admissions. However, Plaintiffs contend that the court's order for sanctions was appropriate and should not be vacated. They further oppose any language which infers that Defendants' responses were timely or compliant with the Discovery Act.
Plaintiffs correctly note that case law supports an award of monetary sanctions after a motion to deem RFAs admitted has been filed even if the responding party belatedly files verified responses prior to the hearing date. Filing belated responses does not "moot" the request for monetary sanctions. However, Plaintiffs ignore a relevant fact which distinguishes this case from the authorities they rely on. Here, the parties reached a written stipulation that once Defendants responded to the RFAs, Plaintiffs would withdraw their motion. (Exhibit B to Declaration of Sapphira Davis) Although Plaintiffs were legally entitled to continue to prosecute their request for sanctions, they stated that they instead withdraw the motion if responses were received. The court has no jurisdiction to order monetary sanctions once a motion has been withdrawn by the moving party.
Based on the foregoing, Defendants' motion to vacate the court's November 13, 2025 order deeming facts admitted and ordering monetary sanctions is vacated based on the stipulation of the parties.
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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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.
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