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Emergency Motion - Request To Restore Hearing Schedule, Correct Procedural Errors, And Grant Trial Perference Due To Health Reasons
Matter on the Law & Motion / Discovery calendar for Friday, August 1, 2025, Line 2. PLAINTIFF YOU SONG's Request To Restore Hearing Schedule, Correct Procedural Errors, And Grant Trial Perference Due To Health Reasons.
Plaintiff You Liang Song has filed what the court construes as a motion for reconsideration of its order sustaining defendant Arthur Liu's demurrer to the Second Amended Complaint with prejudice, i.e. without leave to amend. The court's order was entered on June 17, 2025, and served on Song by first-class mail on July 1, 2025.
CCP 1008(a) provides that a motion for reconsideration may be made "within 10 days after service upon the party of written notice of entry of the order." It must be "based upon new or different facts, circumstances, or law" and the "party making the application shall state by affidavit what application was made before, when and to what judge, what order or decisions were made, and what new or different facts, circumstances, or law are claimed to be shown." (Id.)
Song's motion is timely, but it does not include an affidavit, and it does not show any new facts, circumstances, or law. The court denies the motion to reconsider.
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) | |
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