CARITAS MANAGEMENT CORPORATION VS. SIMONE ALDERETTE

SF Superior Court - Real Property / Housing Dept 501 - CUD26680998 - March 17, 2026 Hearing date: March 17, 2026 Case number: CUD26680998 Case title: CARITAS MANAGEMENT CORPORATION VS. SIMONE ALDERETTE Case Number: | | CUD26680998 | Case Title: | | CARITAS MANAGEMENT CORPORATION VS. SIMONE ALDERETTE | Court Date: | | 2026-03-17 09:30 AM | Calendar Matter: | | Amended Notice Of Motion And Motion To Set Aside Default, Vacate Default Judgment, Recall Writ Due To Plaintiff'S Counsel'S Violation Of Ccp 583.130 And Ethical Duties And Due To Lack Of Service Ccp 473(B), (D), 473.5) | Rulings: | | Real Property/Housing Court Law and Motion Calendar for March 17, 2026. Line 13.

DEFENDANT SIMONE ALDERETTE Motion To Set Aside Default, Vacate Default Judgment, Recall Writ Due To Plaintiff'S Counsel'S Violation Of Ccp 583.130 And Ethical Duties And Due To Lack Of Service Ccp 473(B), (D), 473.5) is GRANTED. The Default is set aside per Shapell SoCal Rental Properties, LLC v. Chico's FAS, Inc. (2022) 85 Cal.App.5th 198 and Lasalle v. Vogel (2019) 36 Cal.App.5th 127.

On January 16, 2026 Plaintiff's counsel was notified that Ms. Payton was representing the defendant "with regards to the [Notice to Perform Covenant or Quit." This is the same notice that forms the basis of the Complaint in this action. Plaintiff should have notified the Defendant's counsel of their intent to request a default based on the date Plaintiff believed the response was due. This warning would have provided defense with an opportunity to file a timely response (e.g. Answer, Demurrer, motion to Quash) on January 30, 2026. Therefore, there is sufficient grounds under CCP 473(b) to find surprise on the defense counsel's part re: entry of default without notice expected from opposing counsel per the above stated authorities. In light of the above ruling, the Court does not reach other grounds for the motion. =(501/CFH)

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