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CUD26681982·sf·Civil·Real Property/Housing
Hearing in about 4 hoursDENIED without prejudice.

57 TAYLOR I7, LP VS. JONATHAN CUTRER ET AL

MOTION FOR SUMMARY JUDGMENT

Hearing date
Sep 8, 2026
Department
501
Prevailing
Opposing Party

Motion type

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Parties

Plaintiff57 TAYLOR I7, LP
DefendantJONATHAN CUTRER

Ruling

Real Property/Housing Court Law and Motion Calendar for September 8, 2026. Line 11. PLAINTIFF 57 TAYLOR I7, LP MOTION FOR SUMMARY JUDGMENT is DENIED without prejudice.

Moving party points to no evidence that Defendant remains in possession. In the Memorandum of Points and Authorities (3:21), Plaintiff states that defendant remain in possession pointing to Chen Decl., 13, Exhibit 2. Chen Declaration paragraph 13 in turn points to "Exhibit 2, RFA, pg. 3, 16-18." Exhibit. 2 appears to include two documents: an Order Granting Plaintiff's Motion for Order that the Truth of the Matters be Deemed Admitted and Plaintiff's Request for Admissions, Set One to Defendant Jonathan Cutrer.

It is not clear if the citation to evidence in paragraph 13 of Chen Declaration points to page 3 of the entire Exhibit. 2 or at the 3rd page of the RFAs. The first option lands on the caption page of Plaintiff's Request for Admissions, Set One to Defendant Jonathan Cutrer, which has not paragraphs. The second option lands on page that starts with "Request for Admission No. 8" and ends with the text of "Request for Admission No. 16;" and also contains no paragraphs.

To the extent Plaintiff meant to refer to Requests for Admission numbers and not to "paragraphs," there is only request for admission 16 on this page and it states: "Admit that PLAINTIFF'S dominant motive for seeking possession of the PREMISES is nonpayment of rent as enumerated in the San Francisco Rent Ordinance Section 37.9(a)(1)(A)." It has nothing to do with possession. Requests for admission 17 and 18 on page 4 of RFAs also have nothing to do with possession. =(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 so notified, and the opposing party does not appear. | |

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