LELAND EVANS ET AL VS. DOMENIC J. CANNIZZARO ET AL

Matter on the Law & Motion / Discovery calendar for Wednesday, September 24, 2025, Line 3. PLAINTIFFS LELAND EVANS, AND JUAN REYES' Motion To Compel Defendant Don Angelo Inc.'s Verifications To Defendants July 14 And July 29 Amended Responses; Request For Sanctions Against Defendants Attorney Of Record, Gregory De La Pena.

The unopposed motion to compel defendant Don Angelo Inc. to verify its amended responses to certain of plaintiff Leland Evans's special interrogatories, set two, is denied. The court has carefully reviewed the Wiederhold Declaration and it seems plain enough that the verification, which accompanied the July 29, 2025 amended responses, verifies the July 29 amended responses. That leaves the July 14, 2025 amended responses unverified, but upon comparison of the two sets of amended responses, the court finds that all of the factual information contained in the unverified July 14 responses is repeated in the verified July 29 responses.

The court must award sanctions against a party who unsuccessfully makes a motion to compel further responses to interrogatories unless it finds that the party acted with substantial justification or other circumstances make sanctions unjust. (See Code Civ. Proc. 2029.300, subd. (d).) The court finds substantial justification and does not award sanctions.

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/CVA) | |