NEEL J. SOMANI VS. DOE 1, AN UNKNOWN ENTITY ET AL

Set for Law and Motion/Discovery Calendar on Wednesday, June 10, 2026, Line 15. Plaintiff Neel J. Somani's Motion For Expedited Discovery To Determine Identities Of Doe Defendants is DENIED WITHOUT PREJUDICE.

Plaintiff moves under the wrong statute and frames their request incorrectly. Plaintiff moves under Code of Civil Procedure section 2025.270(d), which authorizes shortening or extending time for a deposition or staying a deposition. Plaintiff's request in substance leave to serve a subpoena for documents before service of summons and without notice to any party. Such a request is governed by Code of Civil Procedure section 2025.210. Subdivision (b) of section 2025.210 reads: "The plaintiff may serve a deposition notice without leave of court on any date that is 20 days after the service of the summons on, or appearance by, any defendant.

On motion with or without notice, the court, for good cause shown, may grant to a plaintiff leave to serve a deposition notice on an earlier date." The rule applies to third-party deposition notices for production of business records. (See California Shellfish Inc. v. United Shellfish Co. (1997) 56 Cal.App.4th 16, 21.)

A plaintiff seeking early discovery to identify an anonymous defendant must: a) attempt to notify the anonymous defendant of the request, and b) make a prima facie showing of the elements of her claim(s). (Krinsky v. Doe 6 (2008) 159 Cal.App.4th 1154, 1171-1172; see also Glassdoor, Inc. v. Superior Court (2017) 9 Cal.App.5th 623, 634-35.) Plaintiff here has not made a prima facie showing supporting his claims. Plaintiff must make his prima facie showing by presenting evidence supporting each element of his claim. (See Krinsky, supra, 159 Cal.App.4th at1172.)

Plaintiff presents no evidence, for example, that would support a finding that Doe Defendants' posts were false statements of fact. Plaintiff points to the allegations in his complaint. (See MPA at p. 12.) The issue, however, is not whether the complaint is adequate, but whether Plaintiff has presented evidence supporting each element. On this record, he has not.

Plaintiff must prepare a proposed order which repeats verbatim the substantive portion of the tentative ruling and email it to contestdept302tr@sftc.org prior to the time set for hearing.

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.

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) | |