Motion for Summary Judgment
SF Superior Court - Real Property / Housing Dept 501 - CUD26681083 - July 22, 2026 Hearing date: July 22, 2026 Case number: CUD26681083 Case title: JANICE JOSPHINE WONG VS. LIZABETH HILL ET AL Case Number: | | CUD26681083 | Case Title: | | JANICE JOSPHINE WONG VS. LIZABETH HILL ET AL | Court Date: | | 2026-07-22 09:30 AM | Calendar Matter: | | MOTION FOR SUMMARY JUDGMENT | Rulings: | | Real Property/Housing Court Law and Motion Calendar for July 22, 2026. Line 14.
PLAINTIFF JANICE WONG MOTION FOR SUMMARY JUDGMENT is DENIED. Triable issues of material fact exist, including but not limited to whether the Three (3) Day Notice to Quit was properly served, specifically whether it was mailed as well as posted. While Defendant's declaration stating that she did not receive the Notice in the mail does not conclusively prove that the Notice was not mailed, it is sufficient to rebut the Evidence Code 647 presumption of truth afforded to the process server's proof of service, which is the only evidence offered that the Notice was properly served. Moreover, the service of the Notice to Quit was not the subject of Defendant's earlier Motion to Quash Service of Summons.
Defendant's Brief Rebuttal to Plaintiff's Reply is stricken, as the Court did not authorize any additional briefing.
This matter will be heard in department 318 by the Honorable Christopher C. Hite at 1:30 p.m. per the order of the presiding judge. =(501/CCH)
Parties may appear in-person, or via Zoom (Meeting ID: 160 1140 0818 Passcode: 976491). 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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