MOTION TO QUASH SERVICE OF SUMMONS OR STAY OR DISMISS
SF Superior Court - Real Property / Housing Dept 501 - CUD26682779 - July 30, 2026 Hearing date: July 30, 2026 Case number: CUD26682779 Case title: TONY YUEN ET AL VS. ROSA MARIA FUENTES ET AL Case Number: | | CUD26682779 | Case Title: | | TONY YUEN ET AL VS. ROSA MARIA FUENTES ET AL | Court Date: | | 2026-07-30 09:30 AM | Calendar Matter: | | MOTION TO QUASH SERVICE OF SUMMONS OR STAY OR DISMISS | Rulings: | | Real Property/Housing Court Law and Motion Calendar for July 30, 2026. Line 13.
Defendant's Motion to Quash Service of Summons is GRANTED. The Complaint as written seeks relief not available in an unlawful detainer action. See prayer for relief #2. It also appears from the opposition that Plaintiff is seeking a determination that "the named defendants should be deemed as squatters."
If Plaintiff wishes to proceeds with the requested relief and/or seek a determination that named defendants are squatters, Plaintiff shall obtain 30-Day Summons and proceeds with this action as a general civil case. If Plaintiff wishes to proceeds with the 10-Day Summons, Plaintiff shall only seeks relief available in an unlawful detainer action.
The Court does not reach the issue of service at this time. Defendants will have to be re-served with the appropriate summons or complaint.=(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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