JOHN STEWART COMPANY VS. ENNA DIALS ET AL
Notice Of Motion For Reconsideration Of Defendants Motion To Vacate
Motion type
Parties
Ruling
SF Superior Court - Real Property / Housing Dept 501 - CUD26681473 - August 25, 2026 Hearing date: August 25, 2026 Case number: CUD26681473 Case title: JOHN STEWART COMPANY VS. ENNA DIALS ET AL Case Number: | | CUD26681473 | Case Title: | | JOHN STEWART COMPANY VS. ENNA DIALS ET AL | Court Date: | | 2026-08-25 09:30 AM | Calendar Matter: | | Notice Of Motion For Reconsideration Of Defendants Motion To Vacate | Rulings: | | On the Real Property/Housing Court Motion calendar for August 25, 2026, line 5.
Defendant Enna Dials' Motion for Reconsideration of Defendant's Motion to Vacate is GRANTED. The default of Defendant Enna Dials only, entered on June 12, 2026, is set aside. The default judgment entered on June 23, 2026 is vacated. The writ issued on July 8, 2026 is recalled. Defendant Enna Dials shall file and serve the proposed answer attached to her original motion within five days, with the exception that the proposed answer must be modified to clearly identify Defendant's counsel per CRC 2.111(1), as she is now represented in this action.
Contrary to Plaintiff's argument in opposition, the tentative ruling on Defendant's original motion does not reflect that the Court changed the basis of the original motion. Hearing was required to satisfy the Court that Defendant was not avoiding service, and that if the motion were to be granted, the Court would not be facilitating future avoidance of service. Based on the change in circumstances after the ruling on Defendant's original motion, the Court is now so satisfied. Plaintiff's request for relief under CCP 473(c) is denied, as the Court is not granting Defendant relief based on any of the provisions of CCP 473. =(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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