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CUD25680035·sf·Civil·Real Property
Hearing 8 months agoGRANTED

HALL MORTGAGE FUND, LP VS. RENEE ALEXANDRA SMITH ET AL

MOTION TO SET ASIDE DEFAULT/DEFAULT JUDGMENT/LEAVE TO DEFEND

Hearing date
Jan 5, 2026
Department
501
Prevailing
Defendant

Motion type

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Parties

PlaintiffHALL MORTGAGE FUND, LP
DefendantRENEE ALEXANDRA SMITH

Ruling

SF Superior Court - Real Property / Housing Dept 501 - CUD25680035 - January 5, 2026 Hearing date: January 5, 2026 Case number: CUD25680035 Case title: HALL MORTGAGE FUND, LP VS. RENEE ALEXANDRA SMITH ET AL Case Number: | | CUD25680035 | Case Title: | | HALL MORTGAGE FUND, LP VS. RENEE ALEXANDRA SMITH ET AL | Court Date: | | 2026-01-05 09:30 AM | Calendar Matter: | | MOTION TO SET ASIDE DEFAULT/DEFAULT JUDGMENT/LEAVE TO DEFEND | Rulings: | | Real Property/Housing Court Law and Motion Calendar for January 5, 2026 line 13.

DEFENDANT'S MOTION TO VACATE DEFAULT AND DEFAULT JUDGMENT is GRANTED. The Court does not find that any of the statements in the Proof of Service of Summons are false. Nonetheless, Defendant has sufficiently shown that she did not receive actual notice of this lawsuit prior to November 5, 2025, as there is no evidentiary basis for the Court to find that Defendant's statements in her declaration to this effect are false. Thus relying on the belief that service occurred on November 5, 2025, Defendant had no reason to believe she needed to defend this action before default was entered on November 21, 2025. The Court finds that there is no reason to believe Defendant's lack of actual notice in time to defend this action was caused by Defendant's own avoidance of service or inexcusable neglect. =(501/CFH)

Parties may appear in-person, telephonically or via Zoom [Webinar ID: 160 560 5023; Password: 172849; Phone Dial in: (669) 254-5252]. 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. | |

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