DANIEL POWELL VS. SAN FRANCISCO SUPERIOR COURT ET AL

Set for Law and Motion/Discovery Calendar on Monday, July 14, 2025, Line 9 DEFENDANT THE SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN FRANCISCO, KEVIN DOUGHERTY'S DEMURRER TO COMPLAINT. Judge Cindee Mayfield will hear this demurrer at 11:00 a.m. She issues the following tentative ruling:

The court grants Defendants' request to take judicial notice of the Workplace Violence Restraining Order issued on March 4, 2025 in related case no. CCH-25-587847. This case is referred to in the complaint.

Plaintiff seeks to impose liability for intentional tort on the San Francisco Superior Court and its employee, Kevin Dougherty, based on the actions of judges and court employees in connection with the proceedings in case no. CCH-25-587847. However, judicial officers are immune to suit based on decisions they make in court cases, and the actions of Mr. Dougherty and other court employees in bringing case no. CCH-25-587847 are protected by the litigation privilege (Civil Code 47). No theory of liability is alleged in the complaint outside of the protected activities of the court's employees and judges. Additionally, as pointed out in the demurrer, there are other procedural and jurisdictional issues with the complaint.

Based on the foregoing, the tentative decision is to sustain the demurrer without leave to amend on the ground that the complaint fails to state a cause of action against either defendant. The court finds that even if plaintiff was offered a reasonable opportunity to amend the complaint, he would not be able to state a viable cause of action against either defendant based on the nature of the allegations.

For this 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/CM) | |