LEONIDAS DE CASTRO VS. TUYET LE CHOI ET AL
Notice Of Motion And Motion To Set Aside Default
Motion type
Parties
Ruling
SF Superior Court - Real Property / Housing Dept 501 - CGC23610008 - May 19, 2026 Hearing date: May 19, 2026 Case number: CGC23610008 Case title: LEONIDAS DE CASTRO VS. TUYET LE CHOI ET AL Case Number: | | CGC23610008 | Case Title: | | LEONIDAS DE CASTRO VS. TUYET LE CHOI ET AL | Court Date: | | 2026-05-19 09:30 AM | Calendar Matter: | | Notice Of Motion And Motion To Set Aside Default; Memorandum Of Points And Authorities; Declarations Of Naomi Applebaum And Josiah Larkin | Rulings: | | Real Property/Housing Court Law and Motion Calendar for May 19, 2026. Line 3. DEFENDANT NAOMI APPLEBAUM Motion To Set Aside Default; is DENIED.
The Court finds the Service by Publication Order was not issued in error and that service was complete on the last day of required publication. Contrary to Defendant's claims, personal service was attempted at Defendant's address by the Alameda Sheriff on 5 separate occasions. Substitute service by mailing was completed in February 2024.
Defendant concedes that she received the Notice and Acknowledgement form but chose not to complete it and return the form even after speaking with Plaintiff's counsel. Defendant also concedes the Request for Default was mailed on August 8, 2024 to her correct address. The Court finds service of the summons resulted in actual notice to Defendant. =(501/DWH)
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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. | |
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