This case was last updated from San Francisco County Superior Courts on 05/23/2022 at 11:52:31 (UTC).

JOEL BROWN VS. KIA MOTORS AMERICA INC.

Case Summary

On 07/30/2019 JOEL BROWN filed a Contract - Other Contract lawsuit against KIA MOTORS AMERICA INC. This case was filed in San Francisco County Superior Courts, Civic Center Courthouse located in San Francisco, California. The Judges overseeing this case are GARRETT L. WONG, JEFFREY S. ROSS, SAMUEL K. FENG, ETHAN P. SCHULMAN, ANGELA BRADSTREET and RICHARD B. ULMER. The case status is Not Classified By Court.
Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******8004

  • Filing Date:

    07/30/2019

  • Case Status:

    Not Classified By Court

  • Case Type:

    Contract - Other Contract

  • County, State:

    San Francisco, California

Judge Details

Judges

GARRETT L. WONG

JEFFREY S. ROSS

SAMUEL K. FENG

ETHAN P. SCHULMAN

ANGELA BRADSTREET

RICHARD B. ULMER

 

Party Details

Plaintiff

BROWN, JOEL

Defendant

KIA MOTORS AMERICA INC.

Attorney/Law Firm Details

Plaintiff Attorneys

ROSENSTEIN, MICHAEL H

Attorney at CALIFORNIA CONSUMER ATTORNEYS, PC

10900 Wilshire Blvd., Ste 300

Los Angeles, CA 90024

DOLIN, TIONNA

Attorney at STRATEGIC LEGAL PRACTICES, APC

1888 Century Park East

Los Angeles, CA 90067

Defendant Attorney

HURVITZ, MICHAEL J.

Attorney at NELSON, MULLINS, RILEY & SCARBOROUGH, LLP

750 B Street, Suite 1740

San Diego, CA 92101

 

Court Documents

MINUTES FOR OCT-18-2021 9:30 AM

MINUTES FOR OCT-18-2021 9:30 AM

Sanction Order - Trial Court

SANCTIONS ORDERED IN THE AMOUNT OF $500.00 AGAINST ATORNEY JAMES DODDY FOR FAILURE TO RESPOND TO PRE MANDATORY SETTLEMENT CONFERENCE REQUESTS FROM SETTLEMENT OFFICER AND TO PARTICIPATE AT THE MANDATORY SETTLEMENT CONFERENCE PURSUANT TO LOCAL RULE 5., PAYABLE ON OR BEFORE AUG-13-2021. JUDGE: SAMUEL K. FENG; CLERK: D. LOK; COURT REPORTER: MATTER NOT REPORTED. (206)

ORDER TO SHOW CAUSE IN DEPARTMENT 206, TELEPHONIC APPEARANCE BY ATTORNEY HARJAP MALIK FOR PLAINTIFF THROUGH COURTCALL. TELEPHONIC APPEARANCE BY ATTORNEY LESLIE MORALES FOR DEFENDANTS THROUGH COURTCALL. THE COURT IMPOSED SANCTIONS AGAINST PLAINTIFF'S

ORDER TO SHOW CAUSE IN DEPARTMENT 206, TELEPHONIC APPEARANCE BY ATTORNEY HARJAP MALIK FOR PLAINTIFF THROUGH COURTCALL. TELEPHONIC APPEARANCE BY ATTORNEY LESLIE MORALES FOR DEFENDANTS THROUGH COURTCALL. THE COURT IMPOSED SANCTIONS AGAINST PLAINTIFF'S ATTORNEY, JAMES DODDY, IN THE AMOUNT OF $500.00, PAYABLE BY AUG-13-2021. THE ORDER TO SHOW CAUSE IS CONTINUED FROM JUL-30-2021 TO AUG-13-2021, 9:30 AM IN DEPARTMENT 206 FOR STATUS OF PAYMENT OF SANCTIONS. JUDGE: SAMUEL K. FENG; CLERK: D. LOK; COURT REPORTER: MATTER NOT REPORTED. (206)

STATEMENT REGARDING CAUSES OF ACTION (TRANSACTION ID # 100162411) FILED BY PLAINTIFF BROWN, JOEL

STATEMENT REGARDING CAUSES OF ACTION (TRANSACTION ID # 100162411) FILED BY PLAINTIFF BROWN, JOEL

CASE MANAGEMENT CONFERENCE STATEMENT (TRANSACTION ID # 100159939) FILED BY DEFENDANT KIA MOTORS AMERICA INC.

CASE MANAGEMENT CONFERENCE STATEMENT (TRANSACTION ID # 100159939) FILED BY DEFENDANT KIA MOTORS AMERICA INC.

MINUTES FOR APR-04-2022 9:30 AM

MINUTES FOR APR-04-2022 9:30 AM

MINUTES FOR APR-04-2022 9:30 AM

MINUTES FOR APR-04-2022 9:30 AM

CASE MANAGEMENT STATEMENT (TRANSACTION ID # 210002947) FILED BY PLAINTIFF BROWN, JOEL JURY DEMANDED, ESTIMATED TIME FOR TRIAL: 7.0 DAYS

CASE MANAGEMENT STATEMENT (TRANSACTION ID # 210002947) FILED BY PLAINTIFF BROWN, JOEL JURY DEMANDED, ESTIMATED TIME FOR TRIAL: 7.0 DAYS

NOTICE OF CASE MANAGEMENT CONFERENCE (TRANSACTION ID # 210001928) FILED BY PLAINTIFF BROWN, JOEL

NOTICE OF CASE MANAGEMENT CONFERENCE (TRANSACTION ID # 210001928) FILED BY PLAINTIFF BROWN, JOEL

RESPONSE TO DEFENDANTS BRIEF RE: "RECOVERABLE DAMAGES FOR LONGER THAN 30-DAY REPAIR" (TRANSACTION ID # 210001152) FILED BY PLAINTIFF BROWN, JOEL

RESPONSE TO DEFENDANTS BRIEF RE: "RECOVERABLE DAMAGES FOR LONGER THAN 30-DAY REPAIR" (TRANSACTION ID # 210001152) FILED BY PLAINTIFF BROWN, JOEL

REPLY BRIEF RE RECOVERABLE DAMAGES FOR LONGER THAN 30-DAY REPAIR (TRANSACTION ID # 100156011) FILED BY DEFENDANT KIA MOTORS AMERICA INC.

REPLY BRIEF RE RECOVERABLE DAMAGES FOR LONGER THAN 30-DAY REPAIR (TRANSACTION ID # 100156011) FILED BY DEFENDANT KIA MOTORS AMERICA INC.

MINUTES FOR FEB-28-2022 11:00 AM

MINUTES FOR FEB-28-2022 11:00 AM

SUBSTITUTION OF ATTORNEY, (TRANSACTION ID # 210000985): HURVITZ, MICHAEL J. SUBSTITUTED FOR HURVITZ, MICHAEL J. AS ATTORNEY FOR KIA MOTORS AMERICA INC.

SUBSTITUTION OF ATTORNEY, (TRANSACTION ID # 210000985): HURVITZ, MICHAEL J. SUBSTITUTED FOR HURVITZ, MICHAEL J. AS ATTORNEY FOR KIA MOTORS AMERICA INC.

DEFENDANT KIA AMERICA, INC'S BRIEF RE RECOVERABLE DAMAGES FOR LONGER THAN 30-DAY REPAIR (TRANSACTION ID # 210000550) FILED BY DEFENDANT KIA MOTORS AMERICA INC.

DEFENDANT KIA AMERICA, INC'S BRIEF RE RECOVERABLE DAMAGES FOR LONGER THAN 30-DAY REPAIR (TRANSACTION ID # 210000550) FILED BY DEFENDANT KIA MOTORS AMERICA INC.

BRIEF RE: DAMAGES UNDER THE SECOND CAUSE OF ACTION (VIOLATION OF CAL CIV CODE 1793.2(B)) (BRIEFS) (TRANSACTION ID # 210000551) FILED BY PLAINTIFF BROWN, JOEL

BRIEF RE: DAMAGES UNDER THE SECOND CAUSE OF ACTION (VIOLATION OF CAL CIV CODE 1793.2(B)) (BRIEFS) (TRANSACTION ID # 210000551) FILED BY PLAINTIFF BROWN, JOEL

NOTICE OF CHANGE OF FIRM NAME ( SUBSTITUTION ATTORNEY FORM) (TRANSACTION ID # 100153176) FILED BY ATTORNEY HURVITZ, MICHAEL J.

NOTICE OF CHANGE OF FIRM NAME ( SUBSTITUTION ATTORNEY FORM) (TRANSACTION ID # 100153176) FILED BY ATTORNEY HURVITZ, MICHAEL J.

NOTICE OF CHANGE OF ADDRESS (TRANSACTION ID # 200048384) FILED BY ATTORNEY DOLIN, TIONNA

NOTICE OF CHANGE OF ADDRESS (TRANSACTION ID # 200048384) FILED BY ATTORNEY DOLIN, TIONNA

MASTER CALENDAR ORDER TO SHOW CAUSE OF JAN-07-2022 ISSUED TO ATTY. MICHAEL J. HURVITZ IS DISCHARGED AND ORDERED OFF CALENDAR. SANCTIONS PAID. NOTICE SENT BY COURT.

MASTER CALENDAR ORDER TO SHOW CAUSE OF JAN-07-2022 ISSUED TO ATTY. MICHAEL J. HURVITZ IS DISCHARGED AND ORDERED OFF CALENDAR. SANCTIONS PAID. NOTICE SENT BY COURT.

83 More Documents Available

 

Docket Entries

  • 07/07/2022
  • HearingMatter(s): CASE MANAGEMENT CONFERENCE - TRIAL COURTS; Location: CIVIC CENTER COURTHOUSE ROOM 502; Judge Name: JEFFREY S. ROSS

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  • 04/26/2022
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  • DocketSTATEMENT REGARDING CAUSES OF ACTION (TRANSACTION ID # 100162411) FILED BY PLAINTIFF BROWN, JOEL

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  • 04/04/2022
  • DocketCASE MANAGEMENT CONFERENCE OF APR-04-2022 IS HELD AND CONTINUED TO JUL-07-2022 AT 9:30 AM IN DEPT. 502 FOR FURTHER CASE MANAGEMENT CONFERENCE VIA ZOOM. JUDGE: JEFFREY S. ROSS, CLERK: M. GOODMAN, NOT REPORTED. (502/JSR)

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  • 04/04/2022
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  • DocketMINUTES FOR APR-04-2022 9:30 AM

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  • 04/04/2022
  • HearingMatter(s): CASE MANAGEMENT CONFERENCE - TRIAL COURTS Off Calendar Apr-04-2022 Continued To Jul-07-22 At 09:30 A.M. In Dept 502; Location: CIVIC CENTER COURTHOUSE ROOM 502; Judge Name: JEFFREY S. ROSS

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  • 03/30/2022
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  • DocketCASE MANAGEMENT CONFERENCE STATEMENT (TRANSACTION ID # 100159939) FILED BY DEFENDANT KIA MOTORS AMERICA INC.

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  • 03/15/2022
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  • DocketCASE MANAGEMENT STATEMENT (TRANSACTION ID # 210002947) FILED BY PLAINTIFF BROWN, JOEL JURY DEMANDED, ESTIMATED TIME FOR TRIAL: 7.0 DAYS

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  • 03/02/2022
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  • DocketNOTICE OF CASE MANAGEMENT CONFERENCE (TRANSACTION ID # 210001928) FILED BY PLAINTIFF BROWN, JOEL

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  • 02/28/2022
  • DocketCASE MANAGEMENT CONFERENCE OF FEB-28-2022 CONTINUED AFTER HEARING TO APR-04-2022 AT 9:30 AM IN DEPT. 502. JUDGE: HON. JEFFREY ROSS; CLERK: R. MICHAEL DILES; REPORTER: NOT REPORTED. (D502)

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  • 02/28/2022
  • HearingMatter(s): CASE MANAGEMENT CONFERENCE - TRIAL COURTS Off Calendar Feb-28-2022 Continued To Apr-04-22 At 09:30 A.M. In Dept 502; Location: CIVIC CENTER COURTHOUSE ROOM 502; Judge Name: JEFFREY S. ROSS

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156 More Docket Entries
  • 09/16/2019
  • FinancialPayment: COURT REPORTER FEES < 1 HOUR; Amount: $60; Payment Type: ELECTRONIC; Receipt Number: R9819916R005

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  • 09/16/2019
  • FinancialPayment: MOTION; Amount: $60; Payment Type: ELECTRONIC; Receipt Number: R9819916M004

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  • 09/16/2019
  • FinancialPayment: CIVIL FIRST PAPER ANSWER/RESPONSE/PLEADING; Amount: $450; Payment Type: ELECTRONIC; Receipt Number: R9819916F003

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  • 09/03/2019
  • DocketCOURT REPORTING SERVICES LESS THAN 1 HOUR (COURT REPORTER FEES PAID FOR DEMURRER AND MOTION TO STRIKE PLAINTIFF'S COMPLAINT) (TRANSACTION ID # 64156284) FILED BY DEFENDANT KIA MOTORS AMERICA INC.; Fee: $60.00

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  • 09/03/2019
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  • DocketMOTION TO STRIKE COMPLAINT, PROOF OF SERVICE, POINTS AND AUTHORITIES, DECLARATION (TRANSACTION ID # 64156284) FILED BY DEFENDANT KIA MOTORS AMERICA INC. HEARING SET FOR OCT-01-2019 AT 09:30 AM IN DEPT 302; Fee: $60.00

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  • 09/03/2019
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  • DocketDEMURRER TO COMPLAINT, PROOF OF SERVICE, DECLARATION (TRANSACTION ID # 64156284) FILED BY DEFENDANT KIA MOTORS AMERICA INC. HEARING SET FOR OCT-01-2019 AT 09:30 AM IN DEPT 302; Fee: $450.00

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  • 08/01/2019
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  • DocketSUMMONS ON COMPLAINT (TRANSACTION ID # 100079313), PROOF OF SERVICE ONLY, FILED BY PLAINTIFF BROWN, JOEL SERVED JUL-31-2019, PERSONAL SERVICE AS TO DEFENDANT KIA MOTORS AMERICA INC.

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  • 07/30/2019
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  • DocketNOTICE TO PLAINTIFF

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  • 07/30/2019
  • FinancialPayment: CIVIL COMPLAINT/PETITION/OTHER FIRST PAPER; Amount: $450; Payment Type: CHECK; Receipt Number: W0819730F003

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  • 07/30/2019
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  • DocketCONTRACT/WARRANTY, COMPLAINT FILED BY PLAINTIFF BROWN, JOEL AS TO DEFENDANT KIA MOTORS AMERICA INC. SUMMONS ISSUED, JUDICIAL COUNCIL CIVIL CASE COVER SHEET FILED CASE MANAGEMENT CONFERENCE SCHEDULED FOR JAN-08-2020 PROOF OF SERVICE DUE ON SEP-30-2019 CASE MANAGEMENT STATEMENT DUE ON DEC-16-2019; Fee: $450.00

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Tentative Rulings

Case Number:*******8004
Case Title:JOEL BROWN VS. KIA MOTORS AMERICA INC.
Court Date:OCT-01-2019 09:30 AM
Calendar Matter:DEMURRER TO COMPLAINT
Rulings:Matter on calendar for Tuesday, October 1, 2019, Line 13, DEFENDANT KIA MOTORS AMERICA INC. DEMURRER TO COMPLAINT. (Part 1 of 2). Defendant Kia Motors America, Inc.'s demurrer is overruled as to the third, fourth, and fifth causes of action. The demurrer to the sixth cause of action is sustained without leave to amend. The demurrer as to the third cause of action is overruled. Liberally construing the allegations, Plaintiff has pled sufficient facts to allege a violation of Civil Code u00A7 1793.2(a).The demurrer to the fourth cause of action for breach of written express warranty is overruled. The complaint alleges sufficient facts to establish a claim. (See Compl. 10-11, 46-48.) The demurrer to the fifth cause of action for breach of implied warranty of merchantability is overruled. Under the Song-Beverly Act, with limited exceptions not applicable here every retail sale of "consumer goods" in California contains an implied warranty of merchantability. (Civ. Code u00A7 1792.) The implied warranty of merchantability may be breached by a latent defect undiscoverable at the time of sale. (Mexia v. Rinker Boat Co., Inc. (2009) 174 Cal.App.4th 1297, 1304.) Defendant argues that a breach of implied warranty occurred when Plaintiff purchased the vehicle in August 2012 and that the claim is barred by the four-year statute of limitations. However, the Court finds the "future performance" exception applies here. (Cal. U. Com. Code u00A7 2725(2) ["A breach of warranty occurs when tender of delivery is made, except that where a warranty explicitly extends to future performance of the goods and discovery of the breach must await the time of such performance the cause of action accrues when the breach is or sohould have been discovered."]; see Cardinal Health 301, Inc. v. Tyco Electronics Corp. (2008) 169 Cal.App.4th 116, 129 ["Parties must make a 'clear and unambiguous expression' of their intent to extend warranties to cover future performance."].) Here, Plaintiff had express warranties, including a 5-year/60,000 mile express bumper to bumper warranty, a 10-year/100,000 mile powertrain warranty which covered the engine and transmission, and a 10-year/120,000 mile warranty extension on the Subject Vehicle. (Compl. 10.) These warranties cannot be ignored, as they explicitly extend to the future performance of the vehicle. Thus, the statute of limitations did not run until Plaintiff became aware of the defect in March-April 2019. (Compl. 61; see Ehrlich v. BMW of North America (C.D. Cal. 2010) 801 F.Supp.2d 908, 925 [plaintiff's warranty tolled the statute of limitations until plaintiff reasonably knew that his MINI would not perform as it should, which did not occur until his windshield cracked and BMW would not replace it.].). (Continued to Part 2) =(EPS/302)


Case Number:*******8004
Case Title:JOEL BROWN VS. KIA MOTORS AMERICA INC.
Court Date:JAN-08-2021 09:00 AM
Calendar Matter:Defendant Kia Motors America, Inc.S Motion To Compel Plaintiffs Deposition And Request For Production Of Documents; Request For Monetary Sanctions In The Amount Of $1,135.00; Memorandum Of Points And Authorities; Declaration Of Leslie N. Morales
Rulings:Matter on calendar for Friday, January 8, 2021, Line 6,DEFENDANT KIA MOTORS AMERICA INC.'S Motion To Compel Plaintiffs Deposition And Request For Production Of Documents; Request For Monetary Sanctions In The Amount Of $1,135.00:Pro Tem Judge Katherine Gallo, a member of the California State Bar who meets all the requirements set forth in CRC 2.812 to serve as a temporary judge, has been assigned to hear this motion. Prior to the hearing all parties to the motion will be asked to sign a stipulation agreeing that the motion may be heard by the Pro Tem Judge. If all parties to the motion sign the stipulation, the hearing will proceed before the Judge Pro Tem who will decide the motion with the same authority as a Superior Court Judge. If a party appears by telephone, the stipulation may be signed via fax or consent to sign given by email. If not all parties to the motion sign the stipulation, the Pro Tem Judge will hold a hearing on the motion and, based on the papers submitted by the parties and the hearing, issue a report in the nature of a recommendation to the Dept. 302 Judge, who will then decide the motion. If a party does not appear at the hearing, the party will be deemed to have stipulated that the motion will be decided by the Pro Tem Judge with the same authority as a Superior Court Judge. The Pro Tem Judge has issued the following tentative ruling: Parties to appear.As a result of the COVID-19 emergency, all attorneys and parties are required to appear remotely. Hearings will be conducted by videoconference using Zoom. To appear 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 (DISCOVERY, DEPT 301 @ 9:00AM), or dial the corresponding phone number. Any party who contests a tentative ruling must send an email to Klgallo@discoveryreferee.com 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. If parties have arranged for a court reporter to appear, please include the following in your email: (1) ensure that they are California Certified Shorthand Reporters; (2) the reporter's full contact information [name, CSR number, personal work email, and phone number]. If the reporter is not a California Certified Shorthand Reporter, the transcript cannot be certified for use in California courts. If the tentative ruling is not contested, the parties are deemed to have stipulated to the Pro Tem hearing the motion and the Pro Tem will sign an order confirming the tentative ruling. The prevailing party is required to prepare a proposed order repeating verbatim the substantive portion of the tentative ruling and must e-mail it to the Judge Pro Tem. =(302/JPT)


Case Number:*******8004
Case Title:JOEL BROWN VS. KIA MOTORS AMERICA INC.
Court Date:OCT-18-2021 09:30 AM
Calendar Matter:MOTION FOR SUMMARY JUDGMENT Or In The Alternative, For Summary Adjucation
Rulings:Matter on calendar for Monday, October 18, 2021, Line 5DEFENDANT KIA MOTORS AMERICA INC.'S MOTION FOR SUMMARY JUDGMENT Or In The Alternative, For Summary Adjucation.*THE COURT'S FULL AND COMPLETE TENTATIVE RULING HAS BEEN EMAILED TO ALL COUNSEL*Defendant Kia Motors America, Inc.'s ("Kia") motion for summary judgment is denied.Effective Monday, June 28, 2021, for the 9:30 a.m. Law & Motion calendar, attorneys and parties may appear either in person in Department 302 or remotely by videoconference using Zoom. 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 plaintiff 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. = (302/EPS)


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