AURORA SOLAR INC. VS. AETHER ENERGY, INC. ET AL

Set for Law and Motion/Discovery Calendar on Tuesday, March 24, 2026, Line 3.

1 - Defendant Shelby Bons' Motion to Set Aside Default/Default Judgment/Leave to Defend is GRANTED. Defendant moves under Code of Civil Procedure section 473(d), which provides: "The court may, upon motion of the injured party, or its own motion, correct clerical mistakes in its judgment or orders as entered, so as to conform to the judgment or order directed, and may, on motion of either party after notice to the other party, set aside any void judgment or order."

On January 5, 2026, the court entered default against Defendant Bons. The only evidence before the court that Defendant Bons had been served with summons was Plaintiff's Proof of Service of Summons, filed October 23, 2025, in which Stephanie Claise testifies under oath that she completed direct service on Defendant Bons on September 4, 2025, by delivering the papers to Defendant Bons at an address in Vesinet, France. Claise left blank the space for a description of the party to whom "[t]he documents ha[d] been delivered." The clear inference is Claise personally delivered the papers to Bons. It appears that such personal service would be consistent with state law, the Hague Service Convention and, in turn, French law.

Bons, however, testifies she was not in Vesinet on 9/4/2025 and she did not receive any papers on that date at that location. It is clear from the record now that Claise did not personally serve the papers. The only proof of service before the court at the time it entered default was unreliable and, therefore, entry of the default was a mistake. In any event, on its own motion and as a matter of equity, the court order's the clerk's default vacated because it was entered at a time when there was no proper proof of service before the court. The court orders the default against Defendant Bons set aside.

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.