DISH SF VS. HERBERT LOEY

SF Superior Court - Real Property / Housing Dept 501 - CUD26681429 - May 19, 2026 Hearing date: May 19, 2026 Case number: CUD26681429 Case title: DISH SF VS. HERBERT LOEY Case Number: | | CUD26681429 | Case Title: | | DISH SF VS. HERBERT LOEY | Court Date: | | 2026-05-19 09:30 AM | Calendar Matter: | | Motion To Set Aside Default, Vacate Default Judgment And Recall Writ Of Execution | Rulings: | | Real Property/Housing Court Law and Motion Calendar for May 19, 2026. Line 13.

DEFENDANT HERBERT LOEY Motion To Set Aside Default, Vacate Default Judgment And Recall Writ Of Execution is DENIED.

Mandatory relief under CCP 473(b) is denied, because the default was not the result of fault on the part of the EDC staff. Although the EDC clinic staff filed declarations of fault, no mistake on the part of EDC staff is identified. The declaration of the volunteer who assisted Defendant indicates that he calculated Defendant's response deadline based upon his understanding of when Defendant was served, from his conversation with Defendant. Nothing in this declaration indicates that the calculation was incorrect based on the when Defendant said he was served, or that the volunteer was mistaken in his understanding of what Defendant said.

Discretionary relief under CCP 473(b) is denied, because Defendant declares the mistake was that of the EDC clinic, not of him. =(501/DWH)

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