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Notice Of Motion And Motion Of Defendant Martin Lee Fineman To Enforce Settlement Agreement
Set for Law and Motion/Discovery Calendar on Wednesday, November 05, 2025, Line 3. 1 - DEFENDANT MARTIN FINEMAN's Motion Of Defendant Martin Lee Fineman To Enforce Settlement Agreement.
Defendant Martin Lee Fineman's Motion To Enforce Settlement Agreement is DENIED. Defendant seeks an immediate order enforcing a purported settlement, but, notably, there is no evidence the parties entered a proper agreement to enforce under Code of Civil Procedure 664.6 or that such enforcement is proper. Defendant also asks the court to "sua sponte" dismiss Plaintiff's action. No basis to do so exists and, thus, the court declines the invitation. Defendant fails to identify any authority that would support any of the requested relief at this juncture in the action. Essentially, Defendant is seeking summary judgment based on an affirmative defense or summary judgment on an unfiled cross-complaint. The motion, however, does not satisfy the requirements for summary judgment/adjudication motions.
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.
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/JMQ) | |
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