SHELLEY WIENKE VS. ARMSTRONG ESPERANZATE ET AL

SF Superior Court - Real Property / Housing Dept 501 - CUD25679846 - May 13, 2026 Hearing date: May 13, 2026 Case number: CUD25679846 Case title: SHELLEY WIENKE VS. ARMSTRONG ESPERANZATE ET AL Case Number: | | CUD25679846 | Case Title: | | SHELLEY WIENKE VS. ARMSTRONG ESPERANZATE ET AL | Court Date: | | 2026-05-13 09:30 AM | Calendar Matter: | | Notice Of Motion And Motion To Vacate Summary Judgment | Rulings: | | On the Real Property / Housing motion calendar for May 13, 2026, line 3.

Plaintiff's Motion to Vacate Summary Judgment is DENIED. There is no judgment or order on file to be vacated, and this motion is therefore premature. Even if this relief may properly be directed to a ruling which has not been reduced to an order, the ruling is not void.

Plaintiff makes no argument that the proof of service regarding the motion heard on April 9, 2026 is defective. Moreover, Plaintiff filed written opposition to said motion and made oral opposition at the hearing, which the Court considered. In Plaintiff's written opposition to the motion for summary judgment, Plaintiff admitted that the Answer was properly served on February 13, 2026, well before Defendants' motion was filed. Finally, the fact that the motion was duplicatively filed and the Court issued only one substantive ruling does not invalidate the substantive ruling. Plaintiff's disagreement with the Court's decision is not grounds to vacate the Court's ruling under any subsection of CCP 473. =(501/CFH)

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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. | |