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HEARING ON PRELIMINARY INJUNCTION
Set for Law and Motion/Discovery Calendar on Thursday, August 21, 2025, Line 9. HEARING ON PRELIMINARY INJUNCTION.
Plaintiff Cynthia Ramirez's motion for a preliminary injunction requiring defendant Yanira Ramrez to deliver the remains of Miguel Perez is granted. No later than 4pm on August 22, 2025 defendant Yanira Ramirez must deliver the entirety of the remains of Miguel Perez in her possession to Cynthia Ramirez at a mutually agreeable time and at a mutually agreeable location. If the parties cannot agree on a time and/or location, the delivery must take place at the San Francisco Coroner's Office at 4pm on August 22, 2025. Cynthia Ramirez's request for attorneys' fees and costs is denied.
A preliminary injunction should generally be granted when a legal remedy is inadequate, there is a risk of irreparable harm, and the plaintiff will likely prevail on the merits. All three factors obtain here. A legal remedy is clearly inadequate. Pecuniary compensation does not afford adequate relief for the loss of a child's remains. Deprivation of those remains causes irreparable harm because they are unique in nature, of emotional and religious value, and there is no adequate replacement.
Cynthia Ramirez has established a strong likelihood of prevailing on the merits. The court finds that she did not abandon her statutory right to the remains of her son and Yanira Ramirez has no rights to those remains. While the father of Miguel Perez may have equal rights to the remains as Cynthia Ramirez, that does not in any way entitle Yanira Ramirez to retain the remains. Cynthia Ramirez has not cited any authority entitling her to an award of fees or costs on this motion.
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/HEK) | |