| Case | County / Judge | Motion | Ruling | Indexed | Hearing |
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Motion for Leave to File Third Amended Complaint
Matter on calendar for Tuesday, August 26, 2025, Line 3, PLAINTIFF HOMESPACE LLC's Motion For Leave To File Third Amended Complaint.
Plaintiff Homespace LLC's motion to amend is GRANTED. There is a liberal policy in favor of amendment and the addition of injunctive relief does not prejudice defendant. (Kittredge Sports Co. v. Sup.Ct. (1989) 213 Cal.App.3d 1045, 1047.) There is no trial date.
Defendant correctly notes that permanent injunctive relief is unavailable in a limited case. (Code of Civil Procedure section 86(a)(8).) Plaintiff has leave to file the proposed third amended complaint and clarify that it is now an unlimited civil case. Plaintiff shall pay all required reclassification fees per Code of Civil Procedure section 403.020(a) and 403.060.
Defendant JP Morgan Chase Bank, N.A.'s invitation for the court to an issue an Order to Show Cause is denied. Plaintiff is admonished it may not at will change the caption for this action. The parties must stick to the original caption unless the court authorizes a different caption. Absent court order, filings with captions inconsistent with the original pleading may be rejected. (See California Rules of Court, rule 2.111(4).)
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.
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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). | |