Motion For Reconsideration Of Motion To Strike Memorandum Of Costs And/Or Motion To Tax Costs
Matter on calendar for Wednesday, July 29, 2026, Line 1, PLAINTIFF EMILY DAANE, STEPHEN DAANE, M.D., SHERYL GARRETT, M.D.'s Motion For Reconsideration Of Motion To Strike Memorandum Of Costs And/Or Motion To Tax Costs [C.C.P. Section 1033.5].
The motion for reconsideration of this court's prior order on plaintiffs' motion to strike or tax costs is denied. A motion for reconsideration must be "based upon new or different facts, circumstances, or law" that were not previously presented and could not have been previously presented in the exercise of reasonable diligence. (Code Civ. Proc., sec. 1008, subd. (a); Shiffer v. CBS Corp. (2015) 240 Cal.App.4th 246, 255 ["the moving party must provide a satisfactory explanation for the failure to produce that evidence at an earlier time."] [citation simplified].)
Although the court's tentative order, and its subsequent written order, relied on cases that neither party had briefed, those cases were directly related to the issues raised in the parties' briefs, and both parties had the opportunity to address those cases at the hearing following the issuance of the tentative ruling. (Dameron Hospital Assn. v. Progressive Casualty Ins. Co. (2025) 111 Cal.App.5th 530, 551 [finding no due process problem with the trial court's reliance on cases not cited by the parties; "to the extent the trial court relied on authorities not cited by the parties to address the parties' arguments, these authorities were related to issues raised in the parties' briefs . . . and the court gave Dameron a fair chance to address any possible authorities it cited by providing a tentative ruling"].)
For the 9:00 a.m. calendar, all attorneys and parties may appear in Department 301 remotely or in person. Remote hearings will be conducted by videoconference using Zoom. (Dept. 301 Zoom ID 161 502 4290; Passcode 700956.) 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 contestdept301tr@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.
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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 contestdept301tr@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 or Discovery 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. =(301/CVA). | |