1000 CHANNEL STREET (SF) OWNER, LLC VS. SAGEPOINT, A CALIFORNIA CORPORATION ET AL

Set for Law and Motion/Discovery Calendar on Tuesday, October 14, 2025, Line 6. 1 - CROSS DEFENDANT 1000 CHANNEL STREET (SF) OWNER, LLC.'s Motion For Order Quashing Deposition Notice And Request For Sanctions.

1000 CHANNEL STREET (SF) OWNER, LLC's Motion for Order Quashing Depositions and Request for Sanctions is GRANTED in part and DENIED in part.

The PMK deposition notice was untimely. Any party served with a deposition notice may move the Court for an order quashing the deposition notice. Cal. Civ. Proc. Code 2025.410(c). A motion to quash may be based on either procedural errors or deficiencies in the deposition notice, see C.C.P. 2025.410(a), (c) or substantive objections, such as the misuse of the discovery process. See C.C.P. 2023.010(c).

Pursuant to C.C.P. 1010.6(3)(B), the required 10-day period of notice for depositions was extended by two court days after electronic service. California Code of Civil Procedure 1010.6(4) provides that any document served electronically on a non-court day shall be deemed served on the next court day. The PMK Notice was served electronically on Sunday, September 7, 2025. However, given that Sunday was a non-court day the PMK notice is deemed to be served on Monday, September 8, 2025. Since the deposition was scheduled for September 19, 2025, this PMK notice is procedurally defective as it did not provide the required 10-day notice.

Furthermore, the discovery cut-off was September 19, 2025, therefore making it impractical to comply with the deposition before that date. Furthermore, Sagepoint will not be prejudiced as there had already been extensive discovery regarding the topics related to the PMK and allowing discovery to continue this close to the eve of the trial is not feasible. Request for sanctions are denied.

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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.

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/SKF) | |