CP CLEMENT, LLC VS. DAVID SILVERMAN ET AL
Notice Of Motion And Motion For Sanctions (Ccp 128.7) Against Plaintiff And Its Counsel Of Record
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Ruling
SF Superior Court - Real Property / Housing Dept 501 - CUD26682354 - July 13, 2026 Hearing date: July 13, 2026 Case number: CUD26682354 Case title: CP CLEMENT, LLC VS. DAVID SILVERMAN ET AL Case Number: | | CUD26682354 | Case Title: | | CP CLEMENT, LLC VS. DAVID SILVERMAN ET AL | Court Date: | | 2026-07-13 09:30 AM | Calendar Matter: | | Notice Of Motion And Motion For Sanctions (Ccp 128.7) Against Plaintiff And Its Counsel Of Record; Memorandum Of Points And Authorities | Rulings: | | Real Property/Housing Court Law and Motion Calendar for July 13, 2026. Line 12.
Defendant's Motion for Sanctions under CCP 128.7 is DENIED. The legal contentions in the Complaint are warranted by existing law, as reflected in the Court's ruling on Defendant's demurrer on July 1, 2026. As both of Defendant's arguments supporting this motion are based on his position that the Complaint is legally improper, the motion is denied in its entirety.
Plaintiff's opposition is stricken, as it is untimely and was not properly served by a method described in CCP 1005(c), leaving Defendant no meaningful time for reply, and does not address the untimeliness or provide any reason why the Court should consider it in spite of the untimeliness. Additionally, no proof of service of the Declaration of Luke Garvey in support of the opposition.=(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 notified, and the opposing party does not appear. | |
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