BARRETT DAFFIN FRAPPIER TREDER & WEISS, LLP VS. KAYLA GARCIA ET AL

SF Superior Court - Law & Motion / Discovery Dept 301 - CGC24613315 - July 3, 2025 Hearing date: July 3, 2025 Case number: CGC24613315 Case title: BARRETT DAFFIN FRAPPIER TREDER & WEISS, LLP VS. KAYLA GARCIA ET AL Case Number: | | CGC24613315 | Case Title: | | BARRETT DAFFIN FRAPPIER TREDER & WEISS, LLP VS. KAYLA GARCIA ET AL | Court Date: | | 2025-07-03 09:00 AM | Calendar Matter: | | Notice Of Joint Motion And Joint Motion For Disbursement Of Surplus Funds | Rulings: | | Matter on the Law & Motion/Discovery Calendar for Thursday July 3, 2025, line 8, DEFENDANTs CALIFORNIA HOUSING FINANCE AGENCY, CITY AND COUNTY OF SAN FRANCISCO'S Joint Motion For Disbursement Of Surplus Funds Hearing required.

Moving parties have filed a motion stating why the City and Cal HFA are first and second in line for the entire balance of the surplus funds. The motion does not explain why it is proper for the court to decide the only issue in the case upon a noticed motion (on extremely shortened time) rather than through a bench trial or summary judgment motion.

CCP 386(e) states that conflicting claims to funds or property deposited with the court "shall be deemed issues triable by the court." Ordinarily, when an issue is triable, it must be tried, unless summary judgment is granted because there are no triable issues of fact. (See, e.g., City of Morgan Hill v. Brown (1999) 7 Cal.App.4th 1114, 1127-1129 [affirming summary judgment in interpleader action].)

The present motion is not a summary judgment motion (among other things, it was not served and filed 81 days in advance of the hearing); it is essentially a bench trial brief or a memorandum in support of a writ. The parties shall be prepared to address at hearing what statute or case gives the court the authority to decide the issues herein on noticed motion (without the summary judgment advance notice timelines) and why the case should not simply be sent out for bench trial on July 7.

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.

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. = (302/CVA) | |