| Case | County / Judge | Motion | Ruling | Indexed | Hearing |
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MOTION TO STRIKE COMPLAINT
Set for Law and Motion/Discovery Calendar on Tuesday August 5, 2025, Line 3. 1 - DEFENDANT 1125 SIR FRANCIS DRAKE BOULEVARD OPERATING COMPANY, LLC, (ERRONEOUSLY SUED HEREIN AS VIBRA HEALTHCARE, INC.) DBA KENTFIELD HOSPITAL SAN FRANCISCO MOTION TO STRIKE COMPLAINT.
Defendant Vibra Healthcare, Inc.'s Motion to Strike is DENIED. Defendant's motion is focused on striking substantially all or material parts of Plaintiff Staten's third cause of action because the cause of action, Defendant contends, fails to state a cognizable claim. The court has found Plaintiff Staten's third cause of action states a cognizable claim. Further, because Plaintiff Staten's dependent adult abuse claim survives, Defendant's section 425.13 argument against the punitive damages request fails because section 425.13 does not apply to such dependent adult abuse claims. (See Covenant Care, Inc. v. Superior Court (2004) 32 Cal.4th 771, 783.) Thus, Defendant's motion to strike fails.
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/JMQ) | |
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