CRANSHAW vs RESTORATIVE JUSTICE FOR OAKLAND YOUTH

24CV073506: CRANSHAW vs RESTORATIVE JUSTICE FOR OAKLAND YOUTH, A CALIFORNIA NONPROFIT ORGANIZATION, et al. 08/13/2026 Hearing on Motion to Vacate MOTION TO VACATE AND SET ASIDE ORDER SUSTAINING DEMURRER; filed by CHERYL CRANSHAW (Plaintiff) CRS# 898912184029 in Department 512

Tentative Ruling - 08/12/2026 Elizabeth Riles

The Motion to Set Aside/Vacate Default filed by CHERYL CRANSHAW on 07/16/2026 is Granted.

Plaintiff Cheryl Cranshaw’s (“Plaintiff”) Motion to Vacate and Set Aside the Court’s 5/26/2026 Order Sustaining defendant Restorative Justice for Oakland Youth’s (“Defendant”) Demurrer to the Second Amended Complaint (“SAC”) without leave to amend pursuant to CCP § 473(b) is GRANTED.

The Motion to Set Aside is timely filed, and the law strongly favors resolution of disputes on the merits. The Court is inclined to credit both Defendant’s evidence that the Demurrer papers were served by email on Plaintiff’s counsel of record on 4/8/2026 but also Plaintiff’s evidence that her counsel did not receive the email. Defendant’s Counsel has adequate foundation to declare the relevant service email was sent by a member of her staff because counsel was copied on and received a copy of the email.

The email was sent to a total of seven recipients, and it is at least possible that, as a result, it was inadvertently treated as spam by Plaintiff’s counsel’s spam filter. However, the Court admonishes Plaintiff’s counsel that the Court is unlikely to grant relief in these circumstances in the future, where Defendant has presented competent evidence that email service was effected in accordance with the sworn proof of service.

The Court hereby ORDERS its 5/26/2026 Order on the Demurrer to the SAC SET ASIDE and VACATED.

The Court sets a hearing for Defendant’s Demurrer to the SAC on Thursday, 9/17/2026 at 2:30 p.m. in Dept. 512. Plaintiff shall file and serve her proposed Opposition to the Demurrer conforming to Exh. A to the Amended Madison Declaration and Defendant may serve and file any Reply papers pursuant to the CCP with respect to the 9/17/2026 hearing date.

CONTESTING TENTATIVE RULINGS

PLEASE NOTE: If any party contests the tentative ruling, the hearing on the motion will occur remotely via the court's own video-conferencing system.

Pursuant to California Rule of Court 3.1308, subdivision (a)(1), this tentative ruling will become the order of the Court unless it is contested before 4:00 PM on the court day preceding the noticed hearing date.

To contest a tentative ruling, a party should do the following: 24CV073506: CRANSHAW vs RESTORATIVE JUSTICE FOR OAKLAND YOUTH, A CALIFORNIA NONPROFIT ORGANIZATION, et al. 08/13/2026 Hearing on Motion to Vacate MOTION TO VACATE AND SET ASIDE ORDER SUSTAINING DEMURRER; filed by CHERYL CRANSHAW (Plaintiff) CRS# 898912184029 in Department 512

First, the party must notify Department 512, by email at Dept512@alameda.courts.ca.gov and copy all counsel of record and self-represented parties. The contesting party must state in the subject line of the email the case name, case number and motion.

Second, the party shall log into the eCourt Public Portal, search for this case (e.g., by case number), select the case name, select the "Tentative Rulings" tab, click the "Click to Contest this Ruling" button, enter the party's name and a brief statement of the party's reason for contesting the tentative, and click "Proceed."

Parties may appear via videoconference, using the Zoom.com website or application.

TO CONNECT TO ZOOM:

Join the meeting using the following link: https://www.zoomgov.com/j/16057661931 Join the meeting by Phone:

Meeting ID: 160 5766 1931

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