JULIANNA AGARDI VS. CITY & COUNTY OF SAN FRANCISCO ET AL

Set for Law and Motion/Discovery Calendar on Wednesday, July 09, 2025, Line 9.

1 - DEFENDANT CITY AND COUNTY OF SAN FRANCISCO DEMURRER to Amended COMPLAINT. Defendant City and County of San Francisco's demurrer to all causes of action in plaintiff Juliana Agardi's third amended complaint (TAC) is sustained with one final opportunity provided to Ms. Agardi to allege, if she can do so in good faith, one or more intelligible viable claims. If Ms. Agardi chooses to file a fourth amended complaint, she must do so no later than July 30, 2025. The discovery stay in the May 2, 2025 order remains in effect.

In her 69 page TAC Ms. Agardi purports to allege five causes of action (although more than that are listed on the first page), all arising out of a three month suspension of her library privileges, seeking $20 million dollars. The TAC, and all purported causes of action therein, are, like her two prior complaints, uncertain and unintelligible. Ms. Agardi has ignored the guidance in the January 16, 2025 order that she should "provide a short summary of the pertinent facts for each cause of action" and instead includes numerous documents, the relevance of which is unclear. Most significantly, Ms. Agardi has failed to heed the guidance provided by the May 2, 2025 order.

While the court recognizes that Ms. Agardi is representing herself and may not have any legal training, she is not excused from the basic rule that, for each cause of action, she must succinctly allege ultimate facts supporting each element of that cause of action. Because she is suing a governmental entity for alleged violation of California law, Ms. Agardi must also allege compliance with the Government Code claims requirements or a legally justifiable excuse for not doing so. Ms. Agardi should also refrain from including irrelevant matters and should keep her inclusion of other documents to the minimum needed to support any of her claims.

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.