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Notice Of Motion And Motion To Set Aside Entry Of Default
Set for Law and Motion/Discovery Calendar on Friday, May 08, 2026, Line 4.
Defendant FASTRACK CARGO INC.'s motion to vacate the default entered on March 12, 2026, is GRANTED. Moving Defendant's motion is timely and movant provides an attorney affidavit of fault and proposed answer. Relief is therefore mandatory under Code of Civil Procedure section 473(b). Moving Defendant to file their answer within 10 days of this order.
An attorney has an ethical obligation to warn opposing counsel that the attorney is about to take an adversary's default. (Fasuyi v. Permatex, Inc. (2008) 167 Cal.App.4th 681, 702.) "The ethical obligation to warn opposing counsel of an intent to take a default is now reinforced by a statutory policy that all parties 'cooperate in bringing the action to trial or other disposition.' ([Code of Civil Procedure section] 583.130.) Quiet speed and unreasonable deadlines do not qualify as 'cooperation' and cannot be accepted by the courts." (Lasalle v. Vogel (2019) 36 Cal.App.5th 127, 137.)
Here, Plaintiff's counsel informed the claims adjustor of an intent to take a default on a Friday and filed the request for a default less than a week later (just) before hearing back from the defense and when nothing suggested urgency. The court cannot say that counsel's actions conformed to the letter or spirit of their ethical or statutory obligations.
Moving Defendant shall prepare a proposed order which repeats the above text verbatim and email it to contestdept302tr@sftc.org prior to the time set for hearing.
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) | |