SHANNON FESER VS. CITY AND COUNTY OF SAN FRANCISCO ET AL

Set for Law and Motion/Discovery Calendar on Monday, April 20, 2026, Line 6. Defendant Transbay Joint Powers Authority's Demurrer to Amended Complaint is OFF CALENDAR.

Defendant's memorandum of points and authorities because it violates the rules of court. Defendant filed an MPA with 19 pages of text. "Except in a summary judgment or summary adjudication motion, no opening or responding memorandum may exceed 15 pages." (California Rules of Court, rule 3.1113(d).) Defendant made no effort to secure an order granting leave for an oversized brief.

On the court's own motion, the oversized brief is stricken. Alternatively, the court strikes every page after page 15, leaving the MPA unsigned and, on its own motion, the court strikes the MPA because it is unsigned. (See Code of Civil Procedure section 128.7.) The demurrer is now unsupported by a memorandum of points and authorities and, therefore, ordered off calendar. (California Rules of Court, rule 3.1112(a)(3).)

This is the second time the court has ordered Defendant Transbay Joint Powers Authority's demurrer off calendar due to its failure to comply with basic rules. Defendant is granted 20 days leave to respond to the amended complaint. Defendant is ordered to prepare a proposed order consistent with 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) | |