CHRISTINA DIAZ VS. US BANK TRUST, NATIONAL ASSOCIATION, NOT IN ITS ET AL

SF Superior Court - Real Property / Housing Dept 501 - CGC24617466 - June 27, 2025 Hearing date: June 27, 2025 Case number: CGC24617466 Case title: CHRISTINA DIAZ VS. US BANK TRUST, NATIONAL ASSOCIATION, NOT IN ITS ET AL Case Number: | | CGC24617466 | Case Title: | | CHRISTINA DIAZ VS. US BANK TRUST, NATIONAL ASSOCIATION, NOT IN ITS ET AL | Court Date: | | 2025-06-27 09:30 AM | Calendar Matter: | | Notice Of Motion And Motion To Dismiss Complaint And Amended Complaint | Rulings: | | Real Property/Housing Court Law and Motion calendar for June 27, 2025, line 6.

Third Party James Jowdy's Motion to Dismiss Complaint and Amended Complaint is DENIED. Defendant's authority suggests that a Complaint may be dismissed if it has not been filed by a stipulated-to date, but here the issue is a failure to serve the FAC. The stipulation does not require service by a date certain. At the time of this hearing, it has been 35 days since the FAC was filed. Neither Defendant's cited case law nor CCP sections 471.5 or 581 authorize dismissal of a complaint for a failure to serve the FAC within 35 days of the FAC's filing.

Finally, given Defense counsel's declaration that he has not received the FAC, Plaintiff is ordered to re-serve the FAC by an authorized method of service and file a signed Proof of Service by June 30, 2025. =(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. | |