LYNDA R. FARAC-DOWD ET AL VS. KAREN P. FARAC ET AL

SF Superior Court - Real Property / Housing Dept 501 - CGC23606090 - August 22, 2025 Hearing date: August 22, 2025 Case number: CGC23606090 Case title: LYNDA R. FARAC-DOWD ET AL VS. KAREN P. FARAC ET AL Case Number: | | CGC23606090 | Case Title: | | LYNDA R. FARAC-DOWD ET AL VS. KAREN P. FARAC ET AL | Court Date: | | 2025-08-22 09:30 AM | Calendar Matter: | | Notice Of Motion And Motion To Vacate Order Granting Attorneys Fees [Ccp Section 473(B)]; Memorandum Of Points And Authorities; Declaration Of Stephen J. Slocum | Rulings: | | Real Property/Housing Court Motion calendar for August 22, 2025, line 2.

Plaintiff's Motion to Vacate Order Granting Attorney's Fee is DENIED. The Court does not find excusable neglect under CCP 473(b) in light of the Court's Local Rules regarding E-Service. (See, Local Rule 2.11(A)(6); (Q)(1)-(2).) For the same reason, the Order granting Defendant's motion for attorney fees is not void under CCP 473(d).

Finally, the Court notes that Plaintiff's proposed opposition does not challenge that the fees awarded to Defendant were reasonably incurred and meet the statutory standard of mutual interest of the parties. Instead, it puts forth an argument that has already been rejected both by the Referee and this Court. Specifically, this Court has already ordered the costs of partition be allocated according to the interests of the parties, the normal statutory standard under CCP 874.040. =(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 tent ative 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. | |