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CGC24611413·sf·Civil·Civil Litigation
Hearing about 1 year agoDENIED

ALIJAH DANTE RABELLDE VS. AMTRUST NORTH AMERICA ET AL

Motion To Stay Proceedings

Hearing date
Jun 26, 2025
Department
301
Judge
Prevailing
Defendant

Motion type

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Parties

PlaintiffALIJAH DANTE RABELLDE
DefendantAMTRUST NORTH AMERICA

Ruling

Set for Law and Motion/Discovery on Thursday, June 26, 2025 Line 3, 1-PLAINTIFF ALIJAH RABELLDE, AN INDIVIDUAL's Motion To Stay Proceedings.

Plaintiff's motion to stay is denied. Plaintiff fails to carry his evidentiary burden. Plaintiff argues that he is unable to participate in litigation, but the record belies this contention.

Plaintiff proffers doctors' notes from April 2025 claiming that plaintiff needs to step back from litigation and it is anticipated that he will be able to participate in 30-60 days. (Supplemental Declaration of Oxman in support of motion to compel IME, Ex C.) But in May of 2025, plaintiff was communicating with counsel and this court's presiding judge and advocating his position. (Id.) This conduct is inconsistent with his claimed condition. The court notes that it is nearly July, when plaintiff's condition was supposed to have improved, and the trial is in August.

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/JT) | |

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