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MOTION FOR LEAVE TO To Amend Or, In The Alternative, To Determine Whether Amendment Is Necessary To Properly Name Doe Defendant Felipe Mendoza
Matter on the LAW & MOTION/DISCOVERY CALENDAR for Monday, Jun-23-2025, LINE 1. PLAINTIFFS LLOYD GRAY, and HEATHER MONIOT'S MOTION FOR LEAVE TO To Amend Or, In The Alternative, To Determine Whether Amendment Is Necessary To Properly Name Doe Defendant Felipe Mendoza.
Plaintiffs Lloyd Gray and Heather Moniot's motion for leave to amend or, in the alternative, to determine whether amendment is necessary for defendant Felipe Mendoza is granted. The court regrets that its unreasonable delay in approving and filing the Amendment to Complaint identifying Felipe Mendoza as Doe 1 has created significant issues for the parties. The fairest and best course is for the Amendment to be deemed filed nunc pro tunc as of August 16, 2024 when the Amendment was submitted to the court and the fee paid. Mr. Felipe Mendoza must file a response to the complaint no later than July 7, 2025. By deeming the Amendment filed as of August 16, 2024, Mr. Felipe Mendoza is precluded from responding to the complaint by arguing that the service of summons and complaint was made on him at a time when the Amendment had not been approved and filed by the court.
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 | |
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