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CUD26682121·sf·Civil·Real Property / Housing
Hearing about 2 months agoGRANTED

MISSION BAY 9 LP VS. CARMELO RODRIGUEZ ET AL

MOTION TO SET ASIDE DEFAULT/DEFAULT JUDGMENT/LEAVE TO DEFEND

Hearing date
Jun 30, 2026
Department
501
Prevailing
Moving Party

Motion type

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Parties

PlaintiffMISSION BAY 9 LP
DefendantCARMELO RODRIGUEZ

Ruling

SF Superior Court - Real Property / Housing Dept 501 - CUD26682121 - June 30, 2026 Hearing date: June 30, 2026 Case number: CUD26682121 Case title: MISSION BAY 9 LP VS. CARMELO RODRIGUEZ ET AL Case Number: | | CUD26682121 | Case Title: | | MISSION BAY 9 LP VS. CARMELO RODRIGUEZ ET AL | Court Date: | | 2026-06-30 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 June 30, 2026. Line 19.

DEFENDANT CARMELO RODRIGUEZ MOTION TO SET ASIDE DEFAULT/DEFAULT JUDGMENT/LEAVE TO DEFEND is GRANTED, pursuant to the mandatory provision of CCP 473(b). The default and default judgment entered on June 1, 2026 are set aside and vacated. The writ issued on June 8, 2026 is recalled. Defendant Carmelo Rodriguez shall file and serve the proposed answer within five days.

Plaintiff's request in opposition for monetary sanctions is denied without prejudice. While Plaintiff is entitled to reasonable compensatory legal fees and costs pursuant to the mandatory provision of CCP 473(b), the opposition does not include any evidence of this amount, and simply requests a statutory maximum with no explanation. Plaintiff may file a separate motion for fees and costs related to the granting of this mandatory relief. =(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 tentative 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 notified, and the opposing party does not appear. | |

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