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CUD25679281·sf·Civil·Unlawful Detainer
Hearing 9 months agoDENIED

FREEDOM MORTGAGE CORPORATION VS. ROBERT SPOONER II

MOTION FOR SUMMARY JUDGMENT

Hearing date
Dec 3, 2025
Department
501
Judge
Prevailing
Opposing Party

Motion type

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Parties

PlaintiffFREEDOM MORTGAGE CORPORATION
DefendantROBERT SPOONER II

Ruling

SF Superior Court - Real Property / Housing Dept 501 - CUD25679281 - December 3, 2025 Hearing date: December 3, 2025 Case number: CUD25679281 Case title: FREEDOM MORTGAGE CORPORATION VS. ROBERT SPOONER II Case Number: | | CUD25679281 | Case Title: | | FREEDOM MORTGAGE CORPORATION VS. ROBERT SPOONER II | Court Date: | | 2025-12-03 09:30 AM | Calendar Matter: | | MOTION FOR SUMMARY JUDGMENT | Rulings: | | Real Property/Housing Court Law and Motion Calendar for December 3, 2025. Line 12.

PLAINTIFF FREEDOM MORTGAGE CORPORATION MOTION FOR SUMMARY JUDGMENT; is DENIED.

Moving party failed to shift its burden and show that the sole named defendant "Robert Spooner II" is the person who executed the foreclosed upon Deed of Trust, or "a person under whom such person claims." CCP 1161a(b)(3). The person identified as the trustor in the Deed of Trust and Trustee's Deed upon Sale is "Robert C. Spooner II."

The Court further notes that there is no evidence presented that Robert Spooner II was in possession of the premises as of the filing of this motion on November 21, 2025 seeking a judgment for possession. =(501/AAT)

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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