CALEB J AZUCENA VS. SFMTA-SAN FRANCSICO MUNICIPLE TRANSIT AGENCY

Set for Law and Motion/Discovery Calendar on Monday, August 18, 2025, Line 2. DEFENDANT CITY AND COUNTY OF SAN FRANCISCO DEMURRER to COMPLAINT.

Defendant City and County of San Francisco's demurrer to the entire complaint is sustained without leave to amend. Defendant's unopposed request for judicial notice is Granted. Plaintiff Caleb Azucena failed to plead compliance with the claims presentation requirement of the Government Claims Act or an excuse for not doing so and has not argued or suggested that he is able to do so, making leave to amend futile. (State of California v. Superior Court (2004) 32 Cal.4th 1234, 1243 ["we conclude that a plaintiff must allege facts demonstrating or excusing compliance with the claim presentation requirement."].)

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/HEK) | |