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SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN FRANCISCO
Document Scanning Lead Sheet
Mar-26-2015 9:55 am
Case Number: CUD-14-650756
Filing Date: Mar-26-2015 9:55
Filed by: RONNIE OTERO
Juke Box: 001 Image: 04845802
EX PARTE APPLICATION FOR ORDER
LA SALLE PRESERVATION LIMITED PARTNERSHIP VS. MARIA BARRERA ET
AL
001004845802
Instructions:
Please place this sheet on top of the document to be scanned.@ PD oc. @
Julia M. Adams, SBN 230795
KIMBALL, TIREY & ST. JOHN LLP
500 Ygnacio Valley Road, Suite 290
Walnut Creek, CA 94596
Telephone: (925) 942-1690
Facsimile: (925) 942-1694
Attorneys for Plaintiff
SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN FRANCISCO, LIMITED CIVIL JURISDICTION
LA SALLE PRESERVATION, LIMITED Case No. CUD-14-650756
PARTNERSHIP,
PLAINTIFF’S EX PARTE APPLICATIO
TO SET ASIDE AND VACATE DEFAULT
JUDGMENT AND DISMISS WITHOUT
PREJUDICE; DECLARATION OF JULIA
ADAMS IN SUPPORT THEREOF
Plaintiff,
Vv.
MARIA BARRERA,
Date: March 26, 2015
Time: 11:00 a.m.
Defendant(s) Dept.: 501
wee SSeS
AND DOES 1 - 10, INCLUSIVE.
TO THE COURT, EACH PARTY, AND TO THEIR COUNSEL OF RECORD:
YOU ARE HEREBY NOTIFIED THAT on March 19, 2014 at 11:00 a.m., in Department 501
of this Court, located at 400 McAllister Street, San Francisco, California, Plaintiff LA SALLE
PRESERVATION, LIMITED PARTNERSHIP hereby moves ex parte for an order to have the
Judgment against Defendant MARIA BARRERA set aside and the unlawful detainer action
dismissed without prejudice.
Ml
My
Page 1 of 5This Ex Parte Application is based on the Declaration of Julia M. Adams, the
memorandum of points and authorities herein, on the pleadings and records on file, and on such
other evidence as may be presented at the time of the hearing.
Dated: March 25, 2015 ’ :
ALL, TIREY & ST. JOHN LLP
M. ADAMS
‘orney for PLAINTIFF
MEMORANDUM OF POINTS AND AUTHORITIES
I. INTRODUCTION
This action for Unlawful Detainer for non-payment of rent was filed on December 9,
2014. Thereafter, Defendant was personally served with the Summons and Complaint on
December 13, 2014. Not having filed an Answer, Plaintiff filed a Request for Entry of Default
and default judgment was entered against Defendant on or about December 19, 2014.
Thereafter, Plaintiff notified counsel that Defendant tendered all amounts owing and Plaintiff
accepted the tender.
I. LEGAL ARGUMENT
Pursuant to Code of Civil Procedure §128, Plaintiff respectfully requests that the default
judgment be set aside and the case be dismissed without prejudice.
The Court has the authority to set aside the default judgment and dismiss the case
pursuant to CCP §128(a)(5), which states that this Court has the power “[t]o control in
furtherance of justice, the conduct of its ministerial officers, and all other persons in any manner
connected with judicial proceeding before it, in every matter pertaining thereto.” “The court has
the inherent power to regulate the proceedings of matters before it and to effect an orderly
disposition of the issues presented.” Santandrea v. Siltec Corp. (1976) 56 Cal-App.3d 525, 529,
(citing Code Civ. Proc., § 128); People v. Miller (1960) 185 Cal.App.2d 59, 77; People v.
Mattson (1959) 51 Cal.2d 777, 792; Kraft v. Nemeth (1952) 115 Cal.App.2d 50, 52.
Page 2 of 5
$$ tessI. | CONCLUSION
Based on the foregoing, Plaintiff respectfully requests that Judgment against Defendant
MARIA BARRERA be set aside and the Unlawful Detainer action be dismissed without
prejudice.
Dated: March 25, 2015
IBALL, TIREY & ST. JOHN LLP
IA M. ADAMS
Attorneys for PLAINTIFF
Page 3 of 5DECLARATION OF JULIA M. ADAMS
J, Julia M. Adams, declare:
1. Iam an attorney in the law firm of KIMBALL, TIREY & ST. JOHN LLP, attorneys of
record for Plaintiff, LA SALLE PRESERVATION, LIMITED PARTNERSHIP, in the above-
entitled matter.
2. Iam informed and believe that after default judgment was entered against Defendant,
Plaintiff accepted payment for all amounts owing. Plaintiff wishes to set aside the default
judgment as the matter has been resolved.
3. Pursuant to CRC 3.1204(b)(3), I did not give notice of this ex parte hearing given that
vacating the judgment and dismissing the case only serves to benefit Defendant, who have n:
reason to appear or object to same.
4. I declare under penalty of perjury under the laws of the State of California that th
foregoing is true and correct. Executed on March 25, 2015, in Walnut Creek, California.
forney for Plaintiff
Page 4 of 5
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SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN FRANCISCO Document Scanning Lead Sheet Mar-26-2015 9:55 am Case Number: CUD-14-650756 Filing Date: Mar-26-2015 9:55 Filed by: RONNIE OTERO Juke Box: 001 Image: 04845802 EX PARTE APPLICATION FOR ORDER LA SALLE PRESERVATION LIMITED PARTNERSHIP VS. MARIA BARRERA ET AL 001004845802 Instructions: Please place this sheet on top of the document to be scanned.@ PD oc. @ Julia M. Adams, SBN 230795 KIMBALL, TIREY & ST. JOHN LLP 500 Ygnacio Valley Road, Suite 290 Walnut Creek, CA 94596 Telephone: (925) 942-1690 Facsimile: (925) 942-1694 Attorneys for Plaintiff SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN FRANCISCO, LIMITED CIVIL JURISDICTION LA SALLE PRESERVATION, LIMITED Case No. CUD-14-650756 PARTNERSHIP, PLAINTIFF’S EX PARTE APPLICATIO TO SET ASIDE AND VACATE DEFAULT JUDGMENT AND DISMISS WITHOUT PREJUDICE; DECLARATION OF JULIA ADAMS IN SUPPORT THEREOF Plaintiff, Vv. MARIA BARRERA, Date: March 26, 2015 Time: 11:00 a.m. Defendant(s) Dept.: 501 wee SSeS AND DOES 1 - 10, INCLUSIVE. TO THE COURT, EACH PARTY, AND TO THEIR COUNSEL OF RECORD: YOU ARE HEREBY NOTIFIED THAT on March 19, 2014 at 11:00 a.m., in Department 501 of this Court, located at 400 McAllister Street, San Francisco, California, Plaintiff LA SALLE PRESERVATION, LIMITED PARTNERSHIP hereby moves ex parte for an order to have the Judgment against Defendant MARIA BARRERA set aside and the unlawful detainer action dismissed without prejudice. Ml My Page 1 of 5This Ex Parte Application is based on the Declaration of Julia M. Adams, the memorandum of points and authorities herein, on the pleadings and records on file, and on such other evidence as may be presented at the time of the hearing. Dated: March 25, 2015 ’ : ALL, TIREY & ST. JOHN LLP M. ADAMS ‘orney for PLAINTIFF MEMORANDUM OF POINTS AND AUTHORITIES I. INTRODUCTION This action for Unlawful Detainer for non-payment of rent was filed on December 9, 2014. Thereafter, Defendant was personally served with the Summons and Complaint on December 13, 2014. Not having filed an Answer, Plaintiff filed a Request for Entry of Default and default judgment was entered against Defendant on or about December 19, 2014. Thereafter, Plaintiff notified counsel that Defendant tendered all amounts owing and Plaintiff accepted the tender. I. LEGAL ARGUMENT Pursuant to Code of Civil Procedure §128, Plaintiff respectfully requests that the default judgment be set aside and the case be dismissed without prejudice. The Court has the authority to set aside the default judgment and dismiss the case pursuant to CCP §128(a)(5), which states that this Court has the power “[t]o control in furtherance of justice, the conduct of its ministerial officers, and all other persons in any manner connected with judicial proceeding before it, in every matter pertaining thereto.” “The court has the inherent power to regulate the proceedings of matters before it and to effect an orderly disposition of the issues presented.” Santandrea v. Siltec Corp. (1976) 56 Cal-App.3d 525, 529, (citing Code Civ. Proc., § 128); People v. Miller (1960) 185 Cal.App.2d 59, 77; People v. Mattson (1959) 51 Cal.2d 777, 792; Kraft v. Nemeth (1952) 115 Cal.App.2d 50, 52. Page 2 of 5 $$ tessI. | CONCLUSION Based on the foregoing, Plaintiff respectfully requests that Judgment against Defendant MARIA BARRERA be set aside and the Unlawful Detainer action be dismissed without prejudice. Dated: March 25, 2015 IBALL, TIREY & ST. JOHN LLP IA M. ADAMS Attorneys for PLAINTIFF Page 3 of 5DECLARATION OF JULIA M. ADAMS J, Julia M. Adams, declare: 1. Iam an attorney in the law firm of KIMBALL, TIREY & ST. JOHN LLP, attorneys of record for Plaintiff, LA SALLE PRESERVATION, LIMITED PARTNERSHIP, in the above- entitled matter. 2. Iam informed and believe that after default judgment was entered against Defendant, Plaintiff accepted payment for all amounts owing. Plaintiff wishes to set aside the default judgment as the matter has been resolved. 3. Pursuant to CRC 3.1204(b)(3), I did not give notice of this ex parte hearing given that vacating the judgment and dismissing the case only serves to benefit Defendant, who have n: reason to appear or object to same. 4. I declare under penalty of perjury under the laws of the State of California that th foregoing is true and correct. Executed on March 25, 2015, in Walnut Creek, California. forney for Plaintiff Page 4 of 5