JOHNNY CHOW ET AL VS. CITY AND COUNTY OF SAN FRANCISCO ET AL

Set for Law and Motion/Discovery Calendar on Monday, August 10, 2026, Line 10.

Defendant Ryan Kwong's motion to stay proceedings and discovery is granted in part. There is a stay of discovery as to Kwong only till February 10, 2027 or the conclusion of the criminal case against him, whichever occurs first without prejudice to Kwong seeking a further stay on a showing that he has made reasonable efforts to conclude the criminal case. During the discovery stay Kwong is not required to respond to any discovery nor may he propound or seek any discovery from anyone without the consent of the party from whom he seeks that discovery.

Kwong's request for a stay to preserve his Fifth Amendment rights is well-taken. However, the contention in his papers that he has no control over the timeline of the criminal case lacks merit. Per the public version of the court's website, on January 12, 2026 Kwong, after being held to answer on a complaint that was filed more than six months before, was arraigned on an information and waived his right to a speedy trial and has maintained that waiver till the present. As is true of any person charged with a crime in California, Kwong retains the right to assert his right to a speedy trial anytime and, since he has been charged with a felony, if he does so his trial must begin within 60 days of his assertion of his right to a speedy trial.

By February 10, 2027 Kwong's criminal case will have been pending for more than 20 months. The court's own experience is that most criminal cases with the charges that are alleged against Kwong are able to and do conclude within 20 months when the defendant makes reasonable efforts to conclude the case. A 6 month stay of discovery as to Kwong only does not unreasonably burden any party and reasonably balances and accommodates plaintiffs' strong interest in proceeding expeditiously, Kwong's Fifth Amendment rights, efficient use of judicial resources, and the public interest.

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.

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