CHRIS SCHROEDER VS. CITY AND COUNTY OF SAN FRANCISCO ET AL

SF Superior Court - Law & Motion / Discovery Dept 301 - CGC24620335 - December 30, 2025 Hearing date: December 30, 2025 Case number: CGC24620335 Case title: CHRIS SCHROEDER VS. CITY AND COUNTY OF SAN FRANCISCO ET AL Case Number: | | CGC24620335 | Case Title: | | CHRIS SCHROEDER VS. CITY AND COUNTY OF SAN FRANCISCO ET AL | Court Date: | | 2025-12-30 09:00 AM | Calendar Matter: | | DEFENDANT CITY AND COUNTY OF SAN FRANCISCO MOTION FOR SUMMARY JUDGMENT OR, IN THE ALTERNATIVE, SUMMARY ADJUDICATION (PART 2 OF 2 FOR PURPOSES OF ENTRY OF TENTATIVE RULING) | Rulings: | | Matter on the Law & Motion and Discovery Calendar for Tuesday, December 30, 2025, Line 7, DEFENDANT CITY AND COUNTY OF SAN FRANCISCO'S MOTION FOR SUMMARY JUDGMENT Or, In The Alternative, Summary Adjudication. (Part 2 of 2 for purposes of entry of Tentative Ruling)

Plaintiff did not oppose the summary judgment motion. However, the court construes his ex parte application for a continuance of the summary judgment hearing as an opposition pursuant to Code of Civil Procedure, Sec. 437c, subdivision (h). This subdivision permits the court to continue or deny a summary judgment motion "[i]f it appears from the affidavits submitted in opposition to a motion for summary judgment or summary adjudication, or both, that facts essential to justify opposition may exist but cannot, for reasons stated, be presented." (Id.)

Here, the ex parte application does not present affidavits showing that facts essential to justify opposition may exist, and it does not show any basis why necessary discovery has not occurred. In addition, Plaintiff's ex parte application includes an opposition to the separate statement but does not present any declarations or other evidence from which the court may find a triable issue of fact. (Id., Sec. 437c, subdivision (b)(3) [opposing separate statement must contain reference to supporting evidence].)

The court twice continued the summary judgment hearing for short periods to enable Plaintiff to seek a trial continuance to accommodate a new summary judgment hearing date, but the docket demonstrates that Plaintiff has not obtained a trial continuance or a hearing on any trial continuance request. Trial is presently set for January 12, 2026. The court concludes that Plaintiff has not met his burden under Sec. 437c, subdivision (h), of showing good cause to deny summary judgment or to continue the hearing.

For the 9:00 a.m. calendar, all attorneys and parties may appear in Department 301 remotely or in person. Remote hearings will be conducted by videoconference using Zoom. (Dept. 301 Zoom ID 161 502 4290; Passcode 700956.) 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 contestdept301tr@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 contestdept301tr@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 or Discovery 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.

(End of Tentative Ruling.) =(301/CVA) | |