AIRA DE VERA ET AL VS. BENJAMIN SHAWN BERRY ET AL

SF Superior Court - Real Property / Housing Dept 501 - CGC22598234 - August 8, 2025 Hearing date: August 8, 2025 Case number: CGC22598234 Case title: AIRA DE VERA ET AL VS. BENJAMIN SHAWN BERRY ET AL Case Number: | | CGC22598234 | Case Title: | | AIRA DE VERA ET AL VS. BENJAMIN SHAWN BERRY ET AL | Court Date: | | 2025-08-08 09:30 AM | Calendar Matter: | | Notice Of Motion And Motion To Enter Judgment Pursuant To Settlement Agreement | Rulings: | | Real Property/Housing Court Motion calendar for August 8, 2025, line 2.

Plaintiff's Motion to Enter Judgment Pursuant to Settlement Agreement is DENIED WITHOUT PREJUDICE.

There are several issues with the moving papers. The Proof of Service is dated June 12, 2024, attesting to service on June 12, 2025. Plaintiff does not have competent evidence of a breach because he does not explain how he has personal knowledge that Defendant "did not pay" plaintiffs. Counsel provides no dates or exhibits of his attempts to contact or locate opposing counsel, no explanation for why Plaintiff waited 9 months after the purported breach to bring this motion, and also appears to have signed this agreement approving it as to form 10 days after the first payment was due. Finally, the settlement agreement seems to contradict itself because it requires an initial payment of $7,500 "to each Plaintiff," which would satisfy the entire settlement amount, followed by additional monthly payments. =(501/CFH)

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Notice of contesting a tent ative 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 so notified and the opposing party does not appear. | |