MOTION FOR SUMMARY JUDGMENT , Or In The Alternative, Summary Adjudication As To The Cross-Complaint
SF Superior Court - Real Property / Housing Dept 501 - CUD23673389 - August 6, 2026 Hearing date: August 6, 2026 Case number: CUD23673389 Case title: POLK STREET ASSOCIATES VS. BERBER GROUP, LLC ET AL Case Number: | | CUD23673389 | Case Title: | | POLK STREET ASSOCIATES VS. BERBER GROUP, LLC ET AL | Court Date: | | 2026-08-06 09:30 AM | Calendar Matter: | | MOTION FOR SUMMARY JUDGMENT, Or In The Alternative, Summary Adjudication As To The Cross-Complaint | Rulings: | | Real Property/Housing Court Law and Motion Calendar for August 6, 2026. Line 5.
PLAINTIFF Motion for Summary Judgment, or in the Alternative, Summary Adjudication as to the Cross-Complaint is DENIED. Moving party opted for filing a combined MSJ/MSA separate statement that contains 97 facts, most of which are duplicative. In listing the triable issues of fact, the Court placed duplicate facts in parenthesis. Triable issues of fact exist, including 4 (21, 38, 55), 4 (22, 39, 56), 6 (23, 40, 57, 86); 10 (27, 44, 61, 74, 90); 11 (28, 45, 62, 75, 91); 12 (29, 46, 63, 76, 92); 13 (30, 47, 64, 79, 93); 14 (31, 48, 65, 80, 94); 15 (32, 49, 66, 81, 95); 16 (33, 50, 67, 83, 95); 17 (34, 51, 68, 97).
The Court notes that moving party failed to comply with CRC 3.1350(b). The Court further notes that the declaration of Nick Morf submitted with the moving papers failed to comply with CCP 2015.5. Declaration of Tony Garnicki is single spaced and references to this declaration by line number in the separate statement are unworkable. All parties are ordered to comply with all rules of Court and CCP code sections in the future. =(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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