| Case | County / Judge | Motion | Ruling | Indexed | Hearing |
|---|
MOTION TO SET ASIDE DEFAULT/DEFAULT JUDGMENT/LEAVE TO DEFEND
SF Superior Court - Real Property / Housing Dept 501 - CGC24617331 - July 14, 2025 Hearing date: July 14, 2025 Case number: CGC24617331 Case title: NAM SHI LEE VS. EUGENE JUN KWOCK TOM ET AL Case Number: | | CGC24617331 | Case Title: | | NAM SHI LEE VS. EUGENE JUN KWOCK TOM ET AL | Court Date: | | 2025-07-14 09:30 AM | Calendar Matter: | | MOTION TO SET ASIDE DEFAULT/DEFAULT JUDGMENT/LEAVE TO DEFEND | Rulings: | | Real Property/Housing Court Law and Motion calendar for July 14, 2025, line 2.
Defendant's Motion to Set Aside Default/Default Judgment is DENIED.
Defendant contends that electronic service of the Second Amended Complaint was improper, but neither the moving papers nor reply address that the amended complaint was also served by overnight mail to 326 Pine Street, Millbrae and 3249 25th Street, San Francisco (the address on record for Defendant), according to the Proof of Service on file.
Defendant's declaration asserts that 326 Pine Street is not their address but does not claim that he was not receiving mail at 3249 25th Street in December 2024 (the address on record for Defendant). Indeed, Defendant admits that he lived at 3249 25th Street until being evicted on March 25, 2025.
Defendant's argument that the Order sustaining demurrer had to be on file prior to Plaintiff filing and serving the amended complaint is not supported by law.
On these facts, the Court does not find that the default was taken as a result of a mistake, inadvertence, surprise, or excusable neglect. =(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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