SARAH ETZEL VS. CITY AND COUNTY OF SAN FRANCISCO

SF Superior Court - Law & Motion / Discovery Dept 302 - CGC25624592 - July 8, 2025 Hearing date: July 8, 2025 Case number: CGC25624592 Case title: SARAH ETZEL VS. CITY AND COUNTY OF SAN FRANCISCO Case Number: | | CGC25624592 | Case Title: | | SARAH ETZEL VS. CITY AND COUNTY OF SAN FRANCISCO | Court Date: | | 2025-07-08 09:00 AM | Calendar Matter: | | Notice Of Motion To Stay | Rulings: | | Matter on calendar for Tuesday, July 8, 2025, Line 10, DEFENDANT CITY AND COUNTY OF SAN FRANCISCO's Notice Of Motion To Stay.

Defendant City and County of San Francisco's unopposed Motion to Stay is GRANTED. "It is black letter law that, when a federal action has been filed covering the same subject matter as is involved in a California action, the California court has the discretion but not the obligation to stay the state court action." (Caiafa Prof. Law Corp. v. State Farm Fire & Cas. Co. (1995) 15 Cal.App.4th 800, 804.)

To decide when to exercise that discretion, the Caiafa court identified four factors for consideration: (1) whether the stay would "avoid[] unseemly conflicts with courts of other jurisdictions"; (2) whether the rights of the parties can best be determined by the court of the other jurisdiction, (3) whether the stay would "discourag[e] multiple litigation designed solely to harass an adverse party," and (4) whether "the federal action is pending in California [and] not some other state." (Ibid.)

The record here demonstrates the relevant considerations lean firmly in favor of staying this action. This case is substantially similar to 26 other cases pending in federal court in San Francisco challenging CCSF's vaccination policy and, specifically, terminations related to the policy ("Federal Vaccine Cases"). The Federal Vaccine Cases have been consolidated and adjudication is well under way. This adjudication is likely to resolve-or at least provide substantial guidance on-issues raised and rights involved in this case.

A stay of this action is appropriate to discourage multiple litigation on substantially similar facts, issues and subject-matter and prevent unseemly conflicts between this court and the federal court. A stay will promote judicial economy and reduce any risk of harassment or gamesmanship. Good cause appearing, the court stays all litigation and discovery in this action until resolution of the Federal Vaccine Cases currently pending before the United States District Court for the Northern District of California.

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/JMQ) |