CAVALRY SPV I, LLC, AS ASSIGNEE OF CITIBANK, N.A. VS. ELIANA V BELL ET AL

Matter on the LAW & MOTION / DISCOVERY Calendar for Nov-07-2025, Line 4. PLAINTIFF CAVALRY SPV I, LLC, AS ASSIGNEE OF CITIBANK, N.A.'s Motion For Entering Judgment Pursuant To Defendants Default Under Settlement And Release Agreement.

Plaintiff Cavalry SPV I, LLC's motion to enter judgment pursuant to Defendant Eliana Bell's default under the parties' settlement and release agreement is DENIED without prejudice.

"If parties to pending litigation stipulate, in a writing signed by the parties outside of the presence of the court or orally before the court, for settlement of the case, or part thereof, the court, upon motion, may enter judgment pursuant to the terms of the settlement." (CCP Sec. 664.6(a).)

This motion is subject to the standard notice rules under CCP Sec. 1005(b), which provides that "Unless otherwise ordered or specifically provided by law, all moving and supporting papers shall be served and filed at least 16 court days before the hearing." Plaintiff filed a proof of service with its motion, attesting that it served Defendant by mail on September 16, 2025.

However, "in all cases where a party has an attorney in the action or proceeding, the service of papers, when required, must be upon the attorney instead of the party, except service of subpoenas, of writs, and other process issued in the suit, and of papers to bring the party into contempt." (CCP Sec. 1015.) Defendant's counsel of record did not receive the moving papers until October 20, 2025, when Plaintiff's counsel sent them to her via email. (Rodriguez Decl. 1, 9.) October 20, 2025 was fewer than 16 court days before the November 7, 2025 hearing; therefore, service was improper and the motion is denied without prejudice.

For the 9:00 a.m. calendar, all attorneys and parties may appear in Department 301 remotely or in person. Remote hearings will be conducted by videoconference using Zoom. (Dept. 301 Zoom ID 161 502 4290; Passcode 700956.) To appear remotely at the hearing, go to the court's website at sfsuperiorcourt.org under "Online Services," navigate to "Tentative Rulings," and click on the appropriate link, or dial the corresponding phone number.

Any party who contests a tentative ruling must send an email to contestdept301tr@sftc.org with a copy to all other parties by 4pm stating, without argument, the portion(s) of the tentative ruling that the party contests. The subject line of the email shall include the line number, case name and case number. The text of the email shall include the name and contact information, including email address, of the attorney or party who will appear at the hearing.

Counsel for the prevailing party is required to prepare a proposed order which repeats verbatim the substantive portion of the tentative ruling and must email it to contestdept301tr@sftc.org prior to the hearing even if the tentative ruling is not contested.

The court no longer provides a court reporter in the Law & Motion or Discovery Department. Parties may retain their own reporter, who may appear in the courtroom or remotely. A retained reporter must be a California certified court reporter (CSR), for only a CSR's transcript may be used in California courts. If a CSR is being retained, include in your email all of the following: their name, CSR and telephone numbers, and their individual work email address. =(301/VJ/DH) | |