Notice Of Motion And Motion To Set Aside Default And Default Judgment
Set for Law and Motion/Discovery Calendar on Thursday, March 05, 2026, Line 9.
Defendant Michael Edward Johnson's unopposed Motion To Set Aside Default And Default Judgment is GRANTED.
Code of Civil Procedure section 473(b) provides as follows: "The court may, upon any terms as may be just, relieve a party or his or her legal representative from a judgment, dismissal, order, or other proceeding taken against him or her through his or her mistake, inadvertence, surprise, or excusable neglect." "Application for this relief shall be accompanied by a copy of the answer or other pleading proposed to be filed therein, otherwise the application shall not be granted, and shall be made within a reasonable time, in no case exceeding six months, after the judgment, dismissal, order, or proceeding was taken." (Ibid.)
Here, Plaintiff obtained a default (but no judgment) against Defendant. Defendant moved for an order setting aside the default. Plaintiff failed to file an opposition.
The court finds Defendant has established surprise. The record does not demonstrate Defendant had actual notice of the action or Plaintiff's request for entry of default. There is a strong policy to hear cases on the merits. (Slusher v. Durrer (1977) 69 Cal.App.3d 747, 753.) Setting aside the default furthers this strong policy.
The motion to set aside is granted. The default against Defendant Johnson is set aside. Defendant Johnson must file his answer, substantially identical to Exhibit B of the Sommer Declaration, within 10 days of notice of this order.
Give the above analysis and findings, the court need not and does not reach Defendant's section 473.5 arguments. Prior to the hearing, Defendant Johnson shall lodge by email to contestdept302tr@sftc.org a proposed order repeating the above verbatim.
For the 9:00 a.m. calendar, all attorneys and parties may appear in Department 302 remotely or in person. Remote hearings will be conducted by videoconference using Zoom. (Dept. 302 Zoom ID 160 409 7690; Passcode 516287.) 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 contestdept302tr@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.
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The court no longer provides a court reporter in the Law & Motion 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. =(302/JMQ) |