1100 SACRAMENTO STREET HOMEOWNERS ASSOCIATION VS. PARK LANE ASSOCIATES, L.P., ET AL

SF Superior Court - Law & Motion / Discovery Dept 301 - CGC22600509 - October 10, 2025 Hearing date: October 10, 2025 Case number: CGC22600509 Case title: 1100 SACRAMENTO STREET HOMEOWNERS ASSOCIATION VS. PARK LANE ASSOCIATES, L.P., ET AL Case Number: | | CGC22600509 | Case Title: | | 1100 SACRAMENTO STREET HOMEOWNERS ASSOCIATION VS. PARK LANE ASSOCIATES, L.P., ET AL | Court Date: | | 2025-10-10 09:00 AM | Calendar Matter: | | MOTION FOR SUMMARY ADJUDICATION Against Plaintiff 1100 Sacramento Street Homeowners Association | Rulings: | | Matter on the Law & Motion / Discovery calendar for Friday, October 10, 2025, Line 4. DEFENDANTS DAVID STEPHENSON, AND STEPHENSON NETWORKS,INC.'s MOTION FOR SUMMARY ADJUDICATION Against Plaintiff 1100 Sacramento Street Homeowners Association.

Defendants David Stephenson and Stephenson Networks, Inc.'s motion for summary adjudication as to the second, third and ninth causes of action in the complaint filed by Plaintiff 1100 Sacramento Street Homeowners Association is denied as to all three causes of action.

Stephenson's objections to the declaration of Christopher Dressel are overruled. There is no authority that the sham affidavit doctrine applies to exclude evidence based on a declaration in another case and, even if there was, the two Dressel declarations can be reconciled. Judicial estoppel is inapplicable because the Homeowners Association did not sponsor the earlier declaration and does not appear to have been a party in the other case, much less having received a judicial benefit from the prior declaration. The remaining objections lack merit. The Dressel declaration creates a triable dispute whether the Homeowners Association is a third party beneficiary of the construction contract, thereby requiring denial of this motion.

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.