Demurrer to Petition for Writ of Mandate/ Prohibition/ Certification
Set for Law and Motion/Discovery Calendar on Wednesday, July 29, 2026, Line 3. Respondent California Department of Public Health's demurrer is continued to August 7, 2026. The court will consider Petitioner's late-filed opposition. Respondent has until August 10, 2026, to file a reply.
Petitioner must serve his opposition on defense counsel at the email address she has on file no later than close of business on 7/29/2026. Petitioner must deliver hard-copy courtesy copies of all his opposition papers to this department no later than 8/1/2026.
Petitioner is admonished that he must follow the applicable rules and requirements set out in the statutes, case law and the local rules. "While a party may choose to act as his or her own attorney [s]uch a party is to be treated like any other party and is entitled to the same, but no greater consideration that other litigants or attorneys." (ViaView, Inc. v. Retzlaff (2016) 1 Cal.App.5th 198, 208.)
Here, for example, Petitioner failed to timely file his opposition. He failed to properly serve his opposition. And he failed to provide courtesy copies. Going forward, such failures are not likely to be accommodated.
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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