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Notice Of Motion And Motion For Attorney'S Fees, Costs, And Sanctions
Matter on the Law & Motion/Discovery Calendar for Friday, October 17, 2025, line 16 DEFENDANT JOHN COWAN'S Motion For Attorney'S Fees, Costs, And Sanctions
Defendant John Cowan's motion for attorney's fees, costs, and sanctions is denied in its entirety. Mr. Cowan provides no authority that a self-represented litigant who is also an attorney may obtain attorney's fees for his own work per CCP 128.5 or 128.7. Even if that is permissible, Mr. Cowan has not submitted sufficient admissible evidence establishing that the filing or maintenance of this case by Ms. Mosley was frivolous or solely intended to cause unnecessary delay or that any of the requirements of CCP 128.7(b) were not satisfied by Ms. Mosley. The court's minutes show that this case was dismissed due to the non-appearance of Ms. Mosley and her counsel at a time when the court was ready to send this case to a trial department and not because of any deficiency in the merits of the case. Moreover, because no judgment has been entered, it is premature to award any costs.
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. = (301/HEK) | |
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