| Case | County / Judge | Motion | Ruling | Indexed | Hearing |
|---|
MOTION TO QUASH SERVICE OF SUMMONS OR STAY OR DISMISS
SF Superior Court - Real Property / Housing Dept 501 - CUD25679300 - August 18, 2025 Hearing date: August 18, 2025 Case number: CUD25679300 Case title: ESSEX PORTFOLIO LP VS. NICOLOI DIACHOFF ET AL Case Number: | | CUD25679300 | Case Title: | | ESSEX PORTFOLIO LP VS. NICOLOI DIACHOFF ET AL | Court Date: | | 2025-08-18 09:30 AM | Calendar Matter: | | MOTION TO QUASH SERVICE OF SUMMONS OR STAY OR DISMISS | Rulings: | | Real Property/Housing Court Motion calendar for August 18, 2025, line 10.
Defendant's Motion to Quash Service of Summons or Stay or Dismiss is DENIED. The moving party has made a general appearance and added himself as a defendant to this action by filing a prejudgment claim of right to possession. As such, the arguments based upon his omission from the defendants named in this action are moot.
Counsel for the moving party argues that the only way they were permitted to file this motion was by filing the prejudgment claim, and thus mooting their own arguments. However, counsel does not claim to have been ignorant of the consequences of filing a prejudgment claim, and there does not appear to have been any urgency which would have prevented counsel from considering alternatives before taking this action. Moving party's request to strike their own prejudgment claim of right to possession is denied. =(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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