Notice Of Motion For Sanctions
Set for Law and Motion/Discovery Calendar on Monday, June 22, 2026, Line 10.
2 - Hany Boutros's Motion for Sanctions is DENIED. Defendant seeks sanctions against Plaintiff and/or her counsel pursuant to Code of Civil Procedure section 128.5. Section 128.5 permits the court to award sanctions for actions or tactics that are "made in bad faith, that are frivolous or solely intended to cause unnecessary delay." "If the alleged action or tactic is the making or opposing of a written motion or the filing and service of a complaint, cross-complaint, answer, or other responsive pleading that can be withdrawn or appropriately corrected, a notice of motion shall be served as provided in Section 1010, but shall not be filed with or presented to the court, unless 21 days after service of the motion or any other period as the court may prescribe, the challenged action or tactic is not withdrawn or appropriately corrected." (Code of Civil Procedure section 128.5(f)(1)(B).)
Defendant contends that Plaintiff filed a frivolous complaint in bad faith and a frivolous opposition to his motion in bad faith. Defendant has not demonstrated he complied with section 128.5(f)(1)(B)'s safe harbor provision. His claim that he was not required to comply lacks merit. In any event, the court does not find Plaintiff's complaint or motion opposition frivolous and does not find either was filed in bad faith or with the sole intent to cause unnecessary delay.
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) | |
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