JOSEPH ALEN BANKS JR VS. BART POLICE DEPARTMENT ET AL

SF Superior Court - Law & Motion / Discovery Dept 302 - CGC24619300 - August 28, 2026 Hearing date: August 28, 2026 Case number: CGC24619300 Case title: JOSEPH ALEN BANKS JR VS. BART POLICE DEPARTMENT ET AL Case Number: | | CGC24619300 | Case Title: | | JOSEPH ALEN BANKS JR VS. BART POLICE DEPARTMENT ET AL | Court Date: | | 2026-08-28 09:00 AM | Calendar Matter: | | Notice Of Motion And Motion For Substitution Of Successor In Interest, Memorandum Of Points And Authorities, Declaration Of Joseph Alen Banks In Support Thereof, Proof Of Service | Rulings: | | Matter on calendar for Friday, August 28, 2026, Line 2, JOSEPH BANKS' Motion For Substitution Of Successor In Interest.

Non-party Joseph Alen Banks, Sr.'s motion for substitution of successor in interest is CONTINUED TO DECEMBER 2, 2026, AND THE ACTION IS STAYED UNTIL DECEMBER 2, 2026, OR UNTIL FURTHER ORDER OF THE COURT, WHICHEVER COMES FIRST.

Movant Banks is not a party to this case, nor is he a licensed attorney representing a party to this case. Even if Movant Banks were the representative of Plaintiff Banks' estate, generally he could not represent himself as representative on behalf of Plaintiff Banks' heirs. (See Estate v. Sanchez, (2023) 95 Cal.App.5th 331, 343-44 ["filing briefs and other pleadings a representative of the estate constitute[s] the unlicensed practice of law, and those pleadings must be stricken."].)

Movant Banks has indicated that he has begun the process in probate court to be assigned as the personal representative of the estate of his deceased son, Plaintiff Banks, and that he plans to seek counsel for this action. (Pl.'s Reply at 3:19-22.) The court continues the hearing on this motion to allow time for Movant Banks to secure counsel or otherwise demonstrate he may proceed on the motion. In the meantime and under the circumstances, the court orders the action stayed until 12/2/2026 or until further order of the court, whichever comes first.

Defendant BART Police Department is ordered to prepare a proposed order which repeats verbatim the above tentative ruling and email it to contestdept302tr@sftc.org prior to the time set for this hearing.

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.

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). | |