JASON VISCARRA VS. ELLEN POON ET AL

SF Superior Court - Real Property / Housing Dept 501 - CGC24615306 - July 23, 2026 Hearing date: July 23, 2026 Case number: CGC24615306 Case title: JASON VISCARRA VS. ELLEN POON ET AL Case Number: | | CGC24615306 | Case Title: | | JASON VISCARRA VS. ELLEN POON ET AL | Court Date: | | 2026-07-23 09:30 AM | Calendar Matter: | | PLAINTIFF'S MOTION FOR RELIEF FROM JUDGMENT AND/OR RECONSIDERATION OF ORDER GRANTING SUMMARY JUDGMENT ****CONTINUATION**** | Rulings: | | ****TENTATIVE RULING Part 2****

Comparing July 2, 2025 Opposition to Separate statement and October 14, 2025 Amended Opposition to Separate Statement: (1) all items that have been marked as "admitted" remained "admitted." Plaintiff chose not to use "undisputed" as required by CRC, but the Court treated it as such; (2) Fact #8 has been the only one clearly marked "disputed" in the July 2, 2025 Opposition to Separate Statement; it remained "disputed" in the October 14, 2025 Amended Separate Statement; items that have previously been marked "disputed" remained "disputed;" the listed supporting evidence was "Exhibit B to Graham Declaration;" (3) some items that have been previously marked as "neither admit nor dispute" were marked as "disputed," others were marked as "admitted;" as relevant to this motion Facts #7 and #9 that were not originally marked "disputed" were so marked in the October 14, 2025 Amended Opposition to Separate Statement.

Fact #7 in the original Separate Statement was marked as "neither admit nor dispute" and did not list any supporting evidence; Fact #7 is "disputed" in the Amended Separate Statement listed "Exhibit B to Grahm Declaration" as Supporting Evidence; Fact #9 in the original Separate Statement was marked as "neither admit nor dispute" and listed "Exhibit B to Graham Declaration" as supporting evidence; Fact #9, "disputed" in the Amended Separate Statement listed "Declaration of Ellen Poon, Item #11" as supporting evidence.

Exhibit B to Graham Declaration has been listed as supporting evidence both in July 2, 2025 filing and October 14, 2025 filing. As discussed above, July 2, 2025 filing included Graham Declaration, which contained an Exhibit B. October 14, 2025 Amended Separate Statement was a filing fixing the non-compliance with CRC 3.1350; i.e. clearly labeling facts as "disputed" or "undisputed" and listing supporting evidence for such dispute, the evidence already on file. The Evidence on file, Graham Declaration and exhibits thereto, have been considered by the Court in its ruling.

It appears from the moving papers that Plaintiffs might have intended to file some other declaration of Graham that contained some other Exhibit B ("However, due to attorney error, mistake, inadvertence, and excusable neglect, Exhibit B was inadvertently omitted from the October 14, 2025 filing." Motion 2:26-27) and the intended Exhibit B to October 14, 2025 Declaration was different from the one attached to July 2, 2025 Declaration (Exhibit B described in the moving papers as containing, "among other things, the declaration of Plaintiff's expert Sean Sims, deposition testimony, and evidence concerning prior leaks and water intrusion directly relevant to Defendant's Motion for Summary Judgment," (Motion 19-22); Exhibit B attached to July 2, 2025 Graham Declaration is described as "a picture of the angle stop in behind the bathroom sink in Defendant's Unit with a crimp and corrosion, the source of the flooding.") ***continued to part 3*** | |