| Case | County / Judge | Motion | Ruling | Indexed | Hearing |
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Motion To Set Aside Proposed Order Granting Motion To Strike
Matter on calendar for Friday, May 22, 2026, Line 13, PLAINTIFF ROBERT STEWART's Motion To Set Aside Proposed Order Granting Motion To Strike.
Plaintiff Robert Stewart's motion to set aside the court's prior order granting defendant's motion to strike is denied. The court construes the motion as seeking reconsideration. Pursuant to Code of Civil Procedure, section 1008, subdivision (b), Stewart must show new facts, circumstances, or law that could not have previously been presented. He has not met his burden on this motion.
Defendant contends that Plaintiff's citations to Judicial Council of California v. Superior Court (2003) 29 Cal.4th 820, 829, and In re Marriage of Sherman (2009) 175 Cal.App.4th 1201, 1207, are false. The citations do not return the cases Stewart has named, as Stewart concedes. The court cautions Stewart that inaccurate citations may subject him to sanctions or may give cause to the court to strike his filings. Generative AI tools that lawyers and self-represented litigants sometimes use can hallucinate case authority. Especially when using those tools, it is very important to check each case carefully to make sure that it actually exists and stands for the proposition for which it is cited.
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.
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 contestdept301tr@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 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. =(301/CVA). | |