Motion to Set Aside/Vacate Default (CCP 473.5); Motion to set aside the default and for leave to defend action
25CV015404: STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY vs ONODERA 06/16/2026 Hearing on Motion to Set Aside/Vacate Default (CCP 473.5) in Department 16D
Tentative Ruling
NOTICE:
Consistent with Local Rule 1.06(B), any party requesting oral argument on any matter on this calendar must comply with the following procedure:
To request limited oral argument, on any matter on this calendar, you must call the Law and Motion Oral Argument Request Line at (916) 874-2615 by 4:00 p.m. the Court day before the hearing and advise opposing counsel. At the time of requesting oral argument, the requesting party shall leave a voice mail message: a) identifying themselves as the party requesting oral argument; b) indicating the specific matter/motion for which they are requesting oral argument; and c) confirming that it has notified the opposing party of its intention to appear and that opposing party may appear via Zoom using the Zoom link and Meeting ID indicated below. If no request for oral argument is made, the tentative ruling becomes the final order of the Court.
Unless ordered to appear in person by the Court, parties may appear remotely either telephonically or by video conference via the Zoom video/audio conference platform with notice to the Court and all other parties in accordance with Code of Civil Procedure §367.75. Although remote participation is not required, the Court will presume all parties are appearing remotely for non-evidentiary civil hearings.
The Department 16D Zoom Link is https://saccourt-ca-gov.zoomgov.com/j/16146506749 and the Zoom Meeting ID is 161 4650 6749. To appear on Zoom telephonically, call (833) 568-8864 and enter the Zoom Meeting ID referenced above. NO COURTCALL APPEARANCES WILL BE ACCEPTED.
Parties requesting services of a court reporter will need to arrange for private court reporter services at their own expense, pursuant to Government code §68086 and California Rules of Court, Rule 2.956. Requirements for requesting a court reporter are listed in the Policy for Official Reporter Pro Tempore available on the Sacramento Superior Court website at https://www.saccourt.ca.gov/court-reporters/docs/crtrp-6a.pdf. Parties may contact Court- Approved Official Reporters Pro Tempore by utilizing the list of Court Approved Official Reporters Pro Tempore available at https://www.saccourt.ca.gov/court-reporters/docs/crtrp- 13.pdf.
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A Stipulation and Appointment of Official Reporter Pro Tempore (CV/E-206) is required to be signed by each party, the private court reporter, and the Judge prior to the hearing, if not using a reporter from the Courts Approved Official Reporter Pro Tempore list.
25CV015404: STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY vs ONODERA 06/16/2026 Hearing on Motion to Set Aside/Vacate Default (CCP 473.5) in Department 16D
Once the form is signed it must be filed with the clerk. If a litigant has been granted a fee waiver and requests a court reporter, the party must submit a Request for Court Reporter by a Party with a Fee Waiver (CV/E-211) and it must be filed with the clerk at least 10 days prior to the hearing or at the time the proceeding is scheduled if less than 10 days away. Once approved, the clerk will forward the form to the Court Reporters Office and an official reporter will be provided.
TENTATIVE RULING: *** NOTICE: EFFECTIVE APRIL 13, 2026, THIS DEPARTMENT HAS MOVED TO THE TANI G. CANTIL-SAKAUYE COURTHOUSE LOCATED AT 500 G STREET IN SACRAMENTO, CA. ALL MOTIONS NOTICED FOR DEPARTMENT 53 WILL BE HEARD IN DEPARTMENT 16D OF THE NEW COURTHOUSE. ALL PAPERS FOR THIS DEPARTMENT MUST BE FILED AT THIS NEW LOCATION AND WILL NOT BE ACCEPTED AT THE HALL OF JUSTICE. ALL HEARINGS WILL TAKE PLACE AT THIS NEW LOCATION. PARTIES MAY CONTINUE TO APPEAR REMOTELY IN DEPARTMENT 16D UNLESS SPECIFICALLY ORDERED OTHERWISE. ***
*** The Court finds in its file no proof of service demonstrating moving defendants service of the Notice of Disclosure issued on 5/15/2026, despite being directed to serve all other parties with the Notice of Disclosure forthwith. Moving defendant is directed to serve the Notice of Disclosure on all other parties forthwith and to file proof of service within five (5) court days. ***
Although the notice of motion provides notice of the Courts tentative ruling system as required by Local Rule 1.06, the notice does not comply with that rule. More specifically, while Local Rule 1.05 pertains to matters which are heard by the Presiding Judge in Department 47 (now designated as Department 17A), Local Rule 1.06 pertains to matters that are to be heard in this Courts various law & motion departments and the requirements of each rule are different. Moving counsel directed to review the Local Court Rules, effective 1/1/2026.
Defendant Onoderas motion to set aside the default and for leave to defend action is UNOPPOSED and is GRANTED, as follows.
Defendant Onodera now moves pursuant to Code of Civil Procedure §473(b) to set aside the default entered him and for leave to defend action on the grounds that his failure to timely file a responsive pleading was due to inadvertence and excusable neglect. In particular, defendant forwarded the summons & complaint to his insurer which inadvertently mis-filed the matter, leading to a mis-calendaring of the responsive
SUPERIOR COURT OF CALIFORNIA COUNTY OF SACRAMENTO
25CV015404: STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY vs ONODERA 06/16/2026 Hearing on Motion to Set Aside/Vacate Default (CCP 473.5) in Department 16D
pleading. Defendant now seeks relief from the default and leave to file his proposed answer, so that he may proceed to defend this action.
The Court finds that plaintiff did not file any opposition or other written objection to the present motion, which is construed as a concession on the merits of this motion. (See, e.g., D.I. Chadbourne, Inc. v. Superior Court (1964) 60 Cal.2d 723, 728, n.4.) Therefore, coupled with the fact that Code of Civil Procedure §473(b) is a remedial statute, and as such is to be construed liberally, which is to say expansively, to favor its object that cases be adjudicated on the merits rather than determined by default (Standard Microsystems Corp. v. Winbond Electronics Corp. (2009) 179 Cal.App.4th 868, 894), the present motion shall be and hereby is GRANTED and the default previously entered against defendant Onodera on 2/13/2026 (along with any default judgment) is hereby VACATED.
Defendant Onodera may separately file and serve no later than 6/30/2026 his answer to complaint in the same form which was attached to the moving papers. (Although not required by court rule or statute, defendant is directed to present a copy of this order when the answer to complaint is presented for filing.)
Moving defendant to provide notice of this ruling and file proof of service of same within five (5) court days.
This minute order is effective immediately. No formal order or other notice is required. (Code Civ. Proc. §1019.5; CRC Rule 3.1312.)