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CUD25679022·sf·Civil·Real Property/Housing
Hearing 12 months agoDENIED

2952 FOLSOM STREET HOLDINGS, LLC, A DELAWARE VS. ASHLEY CASTRO ET AL

Notice Of Motion And Motion For Summary Judgment Filed By Plaintiff 2952 Folsom Street Holdings, Llc Against Defendant Ashley Castro

Hearing date
Aug 22, 2025
Department
501
Prevailing
Defendant

Motion type

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Parties

Plaintiff2952 FOLSOM STREET HOLDINGS, LLC
DefendantASHLEY CASTRO

Ruling

SF Superior Court - Real Property / Housing Dept 501 - CUD25679022 - August 22, 2025 Hearing date: August 22, 2025 Case number: CUD25679022 Case title: 2952 FOLSOM STREET HOLDINGS, LLC, A DELAWARE VS. ASHLEY CASTRO ET AL Case Number: | | CUD25679022 | Case Title: | | 2952 FOLSOM STREET HOLDINGS, LLC, A DELAWARE VS. ASHLEY CASTRO ET AL | Court Date: | | 2025-08-22 09:30 AM | Calendar Matter: | | Notice Of Motion And Motion For Summary Judgment Filed By Plaintiff 2952 Folsom Street Holdings, Llc Against Defendant Ashley Castro | Rulings: | | Real Property/Housing Court Motion calendar for August 22, 2025, line 10.

Plaintiff's Motion for Summary Judgment is DENIED. Plaintiff has not met its initial burden of showing that defendant defaulted in the payment of rent that was due to plaintiff, because there is no competent evidence that plaintiff was the owner of the premises as of the date the rent demanded in the Notice to Pay Rent or Quit became due. The Notice to Pay Rent or Quit demands rent which became due on June 1, 2025 only. The Grant Deed, recorded June 5, 2025, shows that plaintiff became the owner as of June 4, 2025. The declaration of plaintiff's agent does not explain how the declarant has personal knowledge that defendant failed to pay rent that was due before plaintiff owned the premises. Further, there are triable issues regarding defendant's habitability defense. =(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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