JANE DOE 1 VS. SAN FRANCISCO WALDORF SCHOOL ASSOCIATION, A ET AL

Set for Law and Motion/Discovery Calendar on Wednesday, April 22, 2026, Line 10.

Defendant Davis's renewed motion for stay of all proceedings is DENIED. The court concludes that the criminal complaint filed on November 19, 2025, is a new circumstance to warrant renewal of this motion. (CCP 1008(b).)

In Avant! Corp v. Sup. Crt, (2000) 79 Cal.App.4th 876, 885, the court listed the following factors when ruling on the instant motion: (1) defendant's Fifth Amendment interest; (2) the interest of plaintiff in proceeding expeditiously and conducting discovery and the potential prejudice to plaintiffs of a delay; (3) the convenience of the court in the management of its cases, and the efficient use of judicial resources; (4) the interests of persons not parties to the civil litigation; and (5) the interest of the public in the pending civil and criminal litigation.

Here, these factors weigh in favor of denying this motion. A blanket stay of the entire action as to all defendants (including the school/tutoring defendants) would unduly prejudice plaintiffs. Defendant Davis can invoke his Fifth Amendment privilege as to particular discovery questions. (Fuller v. Superior Court (2001) 87 Cal.App.4th 299, 307-308.) "The trial court must be given the opportunity to determine whether particular questions posed in the depositions would elicit answers that support a conviction or that furnish a link in the chain of evidence needed to prosecute the witness, and which may thus be subject to constitutional protection." (Id. at 308.)

As this court has already noted, plaintiffs have already waited two decades and there is an interest in moving this case forward.

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/REQ) | |