TONY YUEN VS. ROSA FUENTES ET AL

Real Property/Housing Court Law and Motion Calendar for May 12, 2026. Line 8. DEFENDANT ROSA FUENTES Notice Of Motion And Motion To Vacate Judgment And To Recall The Writ Of Possession Hearing Required.

Defendant moves for relief under CCP 473(d) and CCP 473(b). In support of Defendant's arguments under CCP 473(d), Defendant relies on Eshagian v. Cepeda (2025) 112 Cal.App.5th 433. However, this case does not stand for the proposition for which Defendant cites it (see 112 Cal.App.5th at 452), and relief under CCP 473(d) is therefore denied.

In support of Defendant's arguments under CCP 473(b), Defendant provides a declaration attesting to facts regarding mistake, inadvertence, surprise, or excusable neglect. Defendant declares, in a language she has declared she does not understand, that her declaration "has been translated and explained to me in a language I understand." By its own statements, the declaration is not competent to attest to this in English.

Hearing is required for Defendant to produce the person who translated and explained the declaration for Defendant, either in person at the hearing or via Zoom with video capabilities.=(501/CFH)

Parties may appear in-person, telephonically or via Zoom (Video - Webinar ID: 160 560 5023; Password: 172849; or Phone Dial in: (669) 254-5252; Webinar ID: 160 560 5023; Password: 172849). Parties who intend to appear at the hearing must give notice to opposing parties and the court promptly, but no later than 4:00 p.m. the court day before the hearing unless the tentative ruling has specified that a hearing is required.

Notice of contesting a tentative ruling shall be provided by sending an email to the court to Department501ContestTR@sftc.org with a copy to all other parties stating, without argument, the portion(s) of the tentative ruling that the party contests. A party may not argue at the hearing if the opposing party is not so notified, and the opposing party does not appear. | |