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CGC23610551·sf·Civil·Real Property
Hearing about 1 year agoGRANTED

U.S. BANK NATIONAL ASSOCIATION VS. THE TESTATE AND INTESTATE SUCCESSORS OF JULES ET AL

MOTION FOR SUMMARY JUDGMENT By Plaintiff And Cross-Defendant U.S. Bank National Association Or, Alternatively, Summary Adjudication Of Issues

Hearing date
Aug 7, 2025
Department
501
Prevailing
Moving Party

Motion type

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Parties

PlaintiffU.S. BANK NATIONAL ASSOCIATION
DefendantTHE TESTATE AND INTESTATE SUCCESSORS OF JULES ET AL

Attorneys

James F. Lewinfor Plaintiff

Ruling

SF Superior Court - Real Property / Housing Dept 501 - CGC23610551 - August 7, 2025 Hearing date: August 7, 2025 Case number: CGC23610551 Case title: U.S. BANK NATIONAL ASSOCIATION VS. THE TESTATE AND INTESTATE SUCCESSORS OF JULES ET AL Case Number: | | CGC23610551 | Case Title: | | U.S. BANK NATIONAL ASSOCIATION VS. THE TESTATE AND INTESTATE SUCCESSORS OF JULES ET AL | Court Date: | | 2025-08-07 09:30 AM | Calendar Matter: | | MOTION FOR SUMMARY JUDGMENT By Plaintiff And Cross-Defendant U.S. Bank National Association Or, Alternatively, Summary Adjudication Of Issues, Memorandum Of Points And Authorities; Declaration Of James F. Lewin; Declaration Of U.S. Bank National Association | Rulings: | | Real Property/Housing Court Motion calendar for August 7, 2025, line 9.

Plaintiff's Motion for Summary Judgment or, Alternatively, Summary Adjudication is GRANTED. Plaintiff shifted the burden on the FAC and Cross-Complaint. Defendant filed no evidence in opposition to this motion; the only evidence D cites is in support of its own motion. Accordingly, based on the Court's ruling on Defendant's Motion for Summary Judgment, the only evidence that the Court can consider is the declaration of Mr. Bridgman because that is the only declaration filed in support of the original motion.

This declaration does not create a triable issue of fact. Counsel attaches no evidence in support of, and cannot attest on personal knowledge to, the claim that Ms. Franusich borrowed money as an individual and that the documents were subsequently altered. Further, counsel improperly cites to Plaintiff's discovery objections as evidence of Plaintiff's failure to substantiate its claims. =(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. | |

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