CYNTHIA RAMIREZ VS. YANIRA RAMIREZ ET AL

Set for Law and Motion/Discovery Calendar on Tuesday, September 23, 2025, Line 10. PLAINTIFF CYNTHIA RAMIREZ' Motion For Damages Prove-Up Civil Code 3336, 3294, 592.

Plaintiff Cynthia Ramirez's unopposed Motion For Damages Prove-Up Civil Code 3336, 3294, 592 is DENIED.

Plaintiff moves under Civil Code sections 3336, 3294 and 592. Section 3336 generally covers conversion damages. Section 3294 sets forth the rules for when punitive damages are authorized. Civil Code section 592 does not exist, but if Plaintiff is referring to Code of Civil Procedure section 592 (as the papers suggest), this section covers the mode of trial for certain cases. None of these sections authorizes a motion for a prove-up hearing. Nor does the fact this department granted a preliminary injunction mean the court has finally adjudicated the merits of any claim or entitle any party to a prove up hearing.

Plaintiff's motion is essentially a motion for summary judgment/adjudication, which is procedurally and substantively infirm. Absent an appropriate vehicle or a different procedural posture, Plaintiff will have to obtain a trial date and prove her claims before the trial judge at the time of trial. This department, of course, is not a trial department.

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) | |