YOU LIANG SONG VS. ARTHUR LIU ET AL

Matter on the Law & Motion / Discovery calendar for Monday, September 8, 2025, Line 3. PLAINTIFF YOU SONG's Motion To Vacate Ruling.

Plaintiff seeks an order vacating this court's ruling of August 18, 2025 sustaining the defendant's demurrer to the second amended complaint. The motion is denied. The court construes the filing as a motion for reconsideration under Code of Civil Procedure, section 1008, subdivision (a). The motion is timely.

But "[a] motion for reconsideration must be based on new or different facts, circumstances or law, and facts of which the party seeking reconsideration was aware at the time of the original ruling are not new or different. In addition, a party must provide a satisfactory explanation for failing to offer the evidence in the first instance." (In re Marriage of Herr (2009) 174 Cal.App.4th 1463, 1468 [citations and internal quotation marks omitted, emphasis added].) Plaintiff offers no proper basis for reconsideration or any reason why the issues he raises in his reconsideration motion were not brought raised in his opposition to the demurrer.

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.

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) | |