FIFTH THIRD BANK, NATIONAL ASSOCIATION VS. KARENA FENG ET AL

Set for Law and Motion/Discovery Calendar on Wednesday, September 24, 2025, Line 9. DEFENDANT KARENA FENG's Motion For Leave To File Amended Answer.

Defendant Karen Feng's unopposed Motion For Leave To File Amended Answer is DENIED WITHOUT PREJUDICE. Any request to file an amended pleading, including an amended answer, must "[i]nclude a copy of the proposed amendment or amended pleading, which must be serially numbered to differentiate it from previous pleadings or amendments." (California Rules of Court, rule 3.1324.)

Here, Defendant attached a document that may be intended as the proposed amended answer, but the document lacks a caption, caption page, any response to the allegations and signature line, among other elements Judicial Council forms can be instructive. Additionally, the document attached to Defendant's motion appears to be a consolidated amended answer and cross-complaint. Any cross-complaint must be separately filed and, at a minimum, must contain the elements necessary for a civil complaint. Judicial Council forms can be instructive.

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) | |