JASON VISCARRA VS. ELLEN POON ET AL

SF Superior Court - Real Property / Housing Dept 501 - CGC24615306 - May 7, 2026 Hearing date: May 7, 2026 Case number: CGC24615306 Case title: JASON VISCARRA VS. ELLEN POON ET AL Case Number: | | CGC24615306 | Case Title: | | JASON VISCARRA VS. ELLEN POON ET AL | Court Date: | | 2026-05-07 09:30 AM | Calendar Matter: | | Notice Of Motion For Relief From Judgment And/Or Reconsideration Of Order Granting Summary Jdugment Pursuant To Code Of Civil Procedure Sections 473(B) And 1008(A) | Rulings: | | Real Property/Housing Court Law and Motion Calendar for May 7, 2026. Line 4.2.

PLAINTIFF JASON VISCARRA Notice Of Motion For Relief From Judgment And/Or Reconsideration Of Order Granting Summary Jdugment Pursuant To Code Of Civil Procedure Sections 473(B) And 1008(A) is continued to July 23, 2026.

This action was filed on June 10, 2024. Plaintiff was represented by Sellar, Hazard & Lucia since the inception of this action. Defendant appeared in this action on July 25, 2024. The trial was set for December 8, 2025 on April 11, 2025.

On April 29, 2025 Defendant filed a motion for summary judgment setting it for July 25, 2025 hearing. Plaintiff filed an opposition to the motion for summary judgment accompanied by a separate statement and a Declaration of Justin Graham on July 2, 2026. No other evidence was submitted with the opposition. Neither the opposition brief nor the Declaration of Justin Graham requested a continuance of the motion. CCP 437c(h) is not mentioned (See Table of Authorities) and its requirements are not met (See Declaration of Justin Graham). The Court record does not reflect any independent requests for continuance of the Motion for Summary Judgment hearing for discovery (e.g. ex-parte or motion) before the motion hearing on October 30, 2025 in department 501. Motion for Summary Judgment was granted, but no order has been entered.

On November 25, 2026 Plaintiff filed an Ex-parte Application for an order setting a hearing on a Motion for Relief From Judgment/Reconsideration in department 302. This filing does not appear to include any explanation for setting a hearing to vacate a ruling issued by department 501 in department 302. Ex-parte application was not addressed on the merits by department 302 and the parties were instructed that this matter is to be presented in department 501.

On December 1, 2025 Plaintiff re-filed the similarly titled ex-parte application for department 501. Ex-parte application was not granted. Order Granting Summary Judgment was entered on December 24, 2025. Motion for Relief from Judgement and/or Reconsideration of Order Granting Summary Judgment was filed on December 31, 2025. The Court requested supplemental briefing in conjunction with this motion due to relevant information missing in the motion.

According to the Notice of Motion it is based on "newly-discovered evidence and controlling legal authority" and "due to inadvertence of behalf of Plaintiff; s former attorney) and "this attorney's failure to attach Expert Witness Testimony attributing causation to Defendant's failure to inspect visually obvious corrosion and frayed supply lines." Presumably "this attorney" is Mr. Todd Knudsen, who signed the Notice of Motion. Since the relief under CCP 473(b) is sought in conjunction with the Order Granting Summary Judgment, presumably the Expert Witness Testimony was to be (but was not) attached to a filing in conjunction with said motion (which would have been Plaintiff's opposition), but Mr. Knudsen's involvement with that filing is not explained.

Additionally, according to the supplemental declaration of Megan Alexander filed on April 1, 2026, expert findings have been provided on November 5, 2025, months after Opposition to the Motion for Summary -- continued | |