JASON VISCARRA VS. ELLEN POON ET AL

SF Superior Court - Real Property / Housing Dept 501 - CGC24615306 - July 23, 2026 Hearing date: July 23, 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: | | 2026-07-23 09:30 AM | Calendar Matter: | | ***TENTATIVE RULING CONTINUED PART 3*** | Rulings: | | ***TENTATIVE RULING CONTINUED PART 3***

Since Plaintiff did not have leave of Court to file any such declaration on October 14, 2025, it could not have been "inadvertently" omitted from October 14, 2025 filing.

The Original and Amended Separate Statement listed Exhibit B to Graham Declaration as evidence; Declaration of Graham, containing Exs. A and B, filed on July 2, 2025 was considered by the Court in its ruling on the Motion on October 30, 2025. The Court ruled on evidentiary objections to this Declaration. Motion for Summary Judgment was fully briefed (albeit not all papers were code-compliant) as of July 14, 2025. There was no request by the Plaintiff and no Court order allowing for any additional evidence or briefing after July 2, 2025.

Any purported Declaration of Graham filed on October 14, 2025 would not have been proper and it appears, based on Plaintiff's motion that the evidence contained in the purported Ex B to Graham Declaration was obtained sometime in October 2025, months after July 2, 2025 filing. In fact, the transcript of a deposition purportedly attached to October 13, 2025 Graham Declaration (Ex. B attached directly to this Motion), is for a deposition that had not taken place until October 24, 2025. In other words, the Graham Declaration that was purportedly inadvertently not filed on October 14, 2025, signed on October 13, 2025, was supposed to contain a transcript of a deposition that took place on October 24, 2025.

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