Notice Of Motion And Motion To Vacate Void Judgment Issued 10/21/2021 Pursuant To Ccp 473(D)
SF Superior Court - Law & Motion / Discovery Dept 301 - CGC19580661 - December 29, 2025 Hearing date: December 29, 2025 Case number: CGC19580661 Case title: KEITH KENNARD VS. KAISER FOUNDATION HEALTH PLAN, INC. Case Number: | | CGC19580661 | Case Title: | | KEITH KENNARD VS. KAISER FOUNDATION HEALTH PLAN, INC. | Court Date: | | 2025-12-29 09:00 AM | Calendar Matter: | | Notice Of Motion And Motion To Vacate Void Judgment Issued 10/21/2021 Pursuant To Ccp 473(D) | Rulings: | | On the Law & Motion/Discovery calendar for Monday, December 29, 2025, Line 1, PLAINTIFF KEITH KENNARD'S Motion To Vacate Void Judgment Issued 10/21/2021 Pursuant To CCP 473(D).
Plaintiff Keith Kennard's motion to vacate the 10/21/21 judgment is denied. Plaintiff fails to demonstrate how that judgment was void or that relief is appropriate per CCP 473(d). The court properly entered the judgment since the demurrer to plaintiff's complaint was sustained without leave to amend and there was no basis to vacate the arbitration award. Where the court denies a motion to vacate an arbitration award, as it did in this case, the court may confirm the award and enter judgment. (See CCP 1285.2 ["A response to a petition [to vacate} may request the court to confirm, correct or vacate the award."]; CCP 1287.4 ["If an award is confirmed, judgment shall be entered in conformity therewith."]
Plaintiff complains of due process concerns, but the court notes that plaintiff appeared at the demurrer hearing on 2/26/20 and failed to seek timely relief. On 8/26/20, the court denied plaintiff's untimely motion to vacate the demurrer ruling under CCP 473. On 1/25/24, the court denied a similar motion. Plaintiff's current (and repetitive) request for relief lacks merit and is far too late. (In re Marriage of Stevenot (1984) 154 Cal.App.3d 1051, 1071 ["[D]uring the period when relief under section 473 is available, there is a strong public policy in favor of granting relief and allowing the requesting party his or her day in court. Beyond this period there is a strong public policy in favor of the finality of judgments and only in exceptional circumstances should relief be granted."].)
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