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CGC23603968·sf·Civil·Real Property/Housing
Hearing 7 months agoDENIED without prejudice.

CAMILA DE ANDRADE BIANCHI ET AL VS. VALERIE MCCARTHY ET AL

Notice Of Motion And Motion To Enforce Settlement

Hearing date
Jan 23, 2026
Department
501
Prevailing
Opposing Party

Motion type

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Parties

PlaintiffCAMILA DE ANDRADE BIANCHI
PlaintiffLIAM CUMMING
PlaintiffKATHARINA CAMPOS
DefendantVALERIE MCCARTHY
DefendantMr. Backus

Ruling

SF Superior Court - Real Property / Housing Dept 501 - CGC23603968 - January 23, 2026 Hearing date: January 23, 2026 Case number: CGC23603968 Case title: CAMILA DE ANDRADE BIANCHI ET AL VS. VALERIE MCCARTHY ET AL Case Number: | | CGC23603968 | Case Title: | | CAMILA DE ANDRADE BIANCHI ET AL VS. VALERIE MCCARTHY ET AL | Court Date: | | 2026-01-23 09:30 AM | Calendar Matter: | | Notice Of Motion And Motion To Enforce Settlement | Rulings: | | Real Property/Housing Court Law and Motion Calendar for January 23, 2026. Line 3. PLAINTIFF CAMILA BIANCHI, LIAM CUMMING, KATHARINA CAMPOS Motion To Enforce Settlement is DENIED without prejudice.

Moving papers failed to cite any authority for the proposition that a judgement pursuant to CCP 664.6 may be entered against an individual who has not appeared in the action/had been defaulted.

The Court provided Plaintiff an opportunity to submit supplemental briefing to address Court's ability to enter a judgment based on a breach of a stipulation against a person who has not made an appearance in the action, Mr. Backus. Supplemental briefing is devoid of any authority allowing for such judgment. The Court notes that Mr. Backus has been defaulted in this action; and following a default cannot make an appearance without said default having been first set aside. =(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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