| Case | County / Judge | Motion | Ruling | Indexed | Hearing |
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Notice Of Motion And Motion To Vacate Judgment; Request For Judicial Recusal; Trial Setting; Sanctions
SF Superior Court - Law & Motion / Discovery Dept 301 - CGC25623575 - November 3, 2025 Hearing date: November 3, 2025 Case number: CGC25623575 Case title: LESLIE HARRIS VS. UCSF HOSPITAL THE REGENTS Case Number: | | CGC25623575 | Case Title: | | LESLIE HARRIS VS. UCSF HOSPITAL THE REGENTS | Court Date: | | 2025-11-03 09:00 AM | Calendar Matter: | | Notice Of Motion And Motion To Vacate Judgment, Request For Judicial Recusal, Trial Setting And Sanctions | Rulings: | | On the Law and Motion/Discovery calendar for November 3, 2025, line 10. PLAINTIFF LESLIE HARRIS'S Motion To Vacate Judgment, Request For Judicial Recusal, Trial Setting And Sanctions.
Plaintiff Leslie Harris's motion to vacate judgment in this case, set the matter for trial, and award sanctions against defendant the Regents is denied.
By separate written order, the court has stricken Harris's motion for relief under Code of Civil Procedure, sections 170.1 and 170.3, and denied her motion for disqualification under Code of Civil Procedure, section 170.6, and does not revisit that order today.
The court previously sustained the Regents' demurrer to Harris's First Amended Complaint without leave to amend. The court considers Harris's motion under Code of Civil Procedure, section 1008, as a request for reconsideration. Harris reargues points made in her opposition to the demurrer but does not cite any new facts or law.
An order sustaining a demurrer without leave to amend is tantamount to a judgment of dismissal, and so the court also considers whether relief is proper under Code of Civil Procedure, section 473. Subdivision (b) of that section provides that "[t]he 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." Harris points to no mistake, inadvertence, surprise, or neglect that would justify relief under the statute. The desire to make new or different arguments is not a basis for relief under this statute. (Wiz Technology, Inc. v. Coopers & Lybrand (2003) 106 Cal.App.4th 1, 17.)
Harris also argues that the court should order the Regents to comply with certain subpoenas and impose sanctions against the Regents. Because the demurrer was sustained without leave to amend, there is no longer a basis for discovery and the court denies this relief.
For avoidance of doubt that the case is now complete in the trial court and appealable, the court dismisses Harris's claims against the Regents.
For the 9:00 a.m. calendar, all attorneys and parties may appear in Department 301 remotely or in person. Remote hearings will be conducted by videoconference using Zoom. (Dept. 301 Zoom ID 161 502 4290; Passcode 700956.) 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.
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Any party who contests a tentative ruling must send an email to contestdept301tr@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 contestdept301tr@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 or Discovery 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. =(301/CVA) | |