Notice Of Motion And Motion For Assignment Of Rights, Restraining Order And Turnover Order
Set for Law and Motion/Discovery Calendar on Friday, August 15, 2025, Line 8. PLAINTIFF PERFORMANCE FOOD GROUP, INC.'s Motion For Assignment Of Rights, Restraining Order And Turnover Order.
Plaintiff Align Technology, Inc.'s motion for assignment of rights, restraining order and turnover order, for which no opposition was received, is DENIED WITHOUT PREJUDICE. The moving papers are clearly not related to this action. Simply put, the judgment creditor here does not "provid[e] invisible braces and other orthodontic materials to buyers" and the judgment debtor is not a "dental practic[e]." (See Compl., filed Oct. 16, 2024.) Suffice it to say the motion is based on inapposite facts. If the motion is resubmitted the facts and the legal discussion must relate to this case.
This is not the first time counsel has submitted nonsensical papers. (See Align Tech., Inc., v. USA Dental, S.F, Super. Court Case No. CGC-24-618007.) Counsel is admonished to ensure papers submitted to the court satisfy legal and ethical standards. Additionally, the court has previously instructed counsel to timely submit a coherent proposed order that is consistent with the motion. (See Align Tech., Inc., v. Gulia Omene DMD LLC, S.F, Super. Court Case No. CGC-24-618850.) The court clarifies counsel should submit a proposed order with the moving papers, if he wants to avoid delay or an order taking the motion off calendar.
To be clear, the court has a keen interest in enforcement of its judgments. It also has a keen interest in due process and fair play. No later than 8:30 am on August 15, 2025, Moving Party is ordered to lodge by email to contestdept302tr@sftc.org a proposed order containing the above text verbatim send the proposed order.
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.
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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) | |