MARK SMITH VS. CITY AND COUNTY OF S.F. ET AL

SF Superior Court - Real Property / Housing Dept 501 - CGC24617152 - January 8, 2026 Hearing date: January 8, 2026 Case number: CGC24617152 Case title: MARK SMITH VS. CITY AND COUNTY OF S.F. ET AL Case Number: | | CGC24617152 | Case Title: | | MARK SMITH VS. CITY AND COUNTY OF S.F. ET AL | Court Date: | | 2026-01-08 09:30 AM | Calendar Matter: | | DEMURRER to Amended COMPLAINT | Rulings: | | Real Property/Housing Court Law and Motion Calendar for January 8, 2026. Line 2.1.

DEFENDANT CITY AND COUNTY OF SAN FRANCISCO DEMURRER to Amended COMPLAINT is OVERRULED, 10 days to answer.

Declarations of DEPUTY ZHUOQUAN and DEPUTY AARON are stricken. No authority cited for consideration of declarations on a demurrer.

Request for Judicial Notice of Body Cam Footage is granted only to the extent that such footage exists. No authority is cited for the proposition that judicial notice of the contents of the video footage and its veracity may be taken for the purposes of a demurrer to purportedly contradict contrary allegations in the complaint. To the extent such footage maybe properly introduced and considered on a Motion for Summary Judgement, the defendant may file such a motion if proper. See Est. of Simpson v. Yellowstone County (D. Mont. 2017) 229 F.Supp.3d 1192, 1196. =(501/CFH)

Parties may appear in-person, telephonically or via Zoom (Video - Webinar ID: 160 560 5023; Password: 172849; or Phone Dial in: (669) 254-5252; Webinar ID: 160 560 5023; Password: 172849).

Parties who intend to appear at the hearing must give notice to opposing parties and the court promptly, but no later than 4:00 p.m. the court day before the hearing unless the tentative ruling has specified that a hearing is required.

Notice of contesting a tentative ruling shall be provided by sending an email to the court to Department501ContestTR@sftc.org with a copy to all other parties stating, without argument, the portion(s) of the tentative ruling that the party contests. A party may not argue at the hearing if the opposing party is not notified, and the opposing party does not appear. | |