PCGR GEARY INVEST CO, LLC VS. JERMAINE BANKSTON ET AL
Case Information
Motion(s)
Notice Of Motion And Motion To Vacate Judgment
Motion Type Tags
Other
Parties
- Plaintiff: PCGR GEARY INVEST CO, LLC
- Defendant: JERMAINE BANKSTON
Ruling
SF Superior Court - Real Property / Housing Dept 501 - CUD25679422 - January 12, 2026 Hearing date: January 12, 2026 Case number: CUD25679422 Case title: PCGR GEARY INVEST CO, LLC VS. JERMAINE BANKSTON ET AL Case Number: | | CUD25679422 | Case Title: | | PCGR GEARY INVEST CO, LLC VS. JERMAINE BANKSTON ET AL | Court Date: | | 2026-01-12 09:30 AM | Calendar Matter: | | Notice Of Motion And Motion To Vacate Judgment; Memorandum Of Points And Authorities Iso Motion To Vacate Judgment; Declaration Iso Motion To Vacate Judgment; Proposed Order | Rulings: | | Real Property/Housing Court Law and Motion Calendar for January 12, 2026. Line 7.
DEFENDANT JERMAINE BANKSTON Motion To Vacate Judgment; is DENIED. Moving party failed to carry their burden and show mistake, surprise or excusable neglect.
D appeared in this action on August 6, 2025 and provided his address. D was served by the Court on August 25, 2025 at that address with a Notice of Trial (November 3, 2025) and Mandatory Settlement Conference (October 29, 2025). Defendant apparently left for Texas at some point prior to August 28, 2025 "obligation" and claims to have checked his mail on November 18, 2025. Failure to check mail from August to November at the address provided in a litigation does not constitute excusable neglect.
It also appears that Defendant has knowledge of October 29, 2025 hearing. Notification of this hearing was included in the same document that notified the parties of November 3, 2025 trial.
Late-filed opposition is stricken. Declaration of Ms. Lank regarding failure to calendar a deadline on her "own calendar" does not explain why Ms. Joseph filed the opposition late. =(501/CFH)
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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. | |