SAN FRANCISCO — Despite the complaining witness’s stated willingness to resolve the matter with a formal apology, a judge declined to end a domestic violence case during a pretrial hearing June 30, setting a further court date instead.
During the hearing in Department 14, Judge Christopher Hu and Deputy District Attorney Samantha Zurcher, appearing on behalf of Deputy District Attorney Albert Ujcic, did not dismiss the case after conflict attorney Michael Guingona explained that the complaining witness would accept an apology to resolve the conflict.
The accused was charged with a domestic violence misdemeanor for throwing and breaking the complaining witness’s phone. Guingona explained that the accused had paid for the broken cellphone and was participating in an eight-week domestic violence program that was not ordered by the court.
Furthermore, Guingona noted that the accused expected a “resolution could happen today.” Guingona continued that, according to a previous discussion, all the complaining witness wanted was “an apology on the record” from the accused.
Guingona requested that DDA Zurcher not pursue the charges in exchange for a “civil compromise.”
Instead of accepting the request to drop the charges, DDA Zurcher requested another pretrial conference, reasoning that such decisions are usually prosecuted independently of what the complaining witness requests.
In response, Judge Hu said that he was “mindful of the progress” the accused had made in the relationship with the complaining witness.
Ultimately, Judge Hu granted DDA Zurcher’s request to schedule another pretrial conference, reasoning that an apology on the record would not resolve the criminal matter.
Judge Hu suggested that Guingona file a motion to dismiss the criminal charges.
Judge Hu set the next pretrial conference for Oct. 20, 2026.
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