KIMBERLY ELLIS VS. CITY AND COUNTY OF SAN FRANCISCO ET AL

Set for Law and Motion/Discovery Calendar on Thursday, March 19, 2026, Line 5.

1 - Defendant Joseph Macaluso's Demurrer to Fourth Amended Complaint is OFF CALENDAR.

Demurring Defendant failed to demonstrate compliance with his meet-and-confer responsibilities. A party demurring to a pleading must meet and confer with the party who filed the pleading "[b]efore filing [the] demurrer." (Code of Civil Procedure section 430.41 (a).) The meeting must be "in person, by telephone or by video conference." (Ibid.) The meeting must take place at least five days before the date the motion must be filed. (Code of Civil Procedure section 430.41(a)(2.) The moving party must file a declaration with its moving papers demonstrating compliance with these requirements and/or that the opposing party failed to confer in good faith. (Code of Civil Procedure section 430.41(a)(3).)

In connection with the instant demurrer, Demurring Defendant reached out only by email. (See Finck Decl. at paras. 14-15.) Sending an email inviting a conversation does not satisfy the rule. The clear legislative intent is that the conference involve personal interaction be conducted at a time that allows meaningful consideration of the other side's issues. The record does not support that Defendant met and conferred "in person, by telephone or by video conference." Conferences regarding prior complaints and demurrers are irrelevant.

Defendant's demurrer is ordered off calendar. Demurring Defendant's time to respond to the complaint is extended by 20 days, running from the date of this order. The parties are ordered to meet and confer in good faith before Defendant files the next pleading, unless that pleading is an answer. Demurring Defendant is ordered to prepare a proposed order which repeats verbatim the above 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) |