Motion to Set Aside Default and Default Judgment
SUPERIOR COURT OF CALIFORNIA COUNTY OF MERCED
Limited Civil Judge Pro Tem Peter MacLaren Courtroom 9
627 W. 21st Street, Merced
Thursday, July 23, 2026 10:00 a.m.
Case No. Title / Description
25CV-06342 TD Bank USA, N.A. vs. Joseph Ragus
Order to Show Cause Why Sanctions Should Not Be Imposed on Plaintiff’s Counsel
Appear to show cause why monetary sanctions should not be imposed on Plaintiff’s counsel of record for failing to attend the case management conference on May 8, 2026, and failure to file a case management conference statement.
Case Management Conference
Appearance required.
26CV-00583 [Parties’ names withheld pursuant to CCP § 1161.2(a)(1)]
Motion to Set Aside Default and Default Judgment
Defendant’s motion to set aside the default and vacate the default judgment is DENIED due to lack of notice. Defendant has not filed proof of service to show Plaintiff received notice of the motion and no written opposition has been filed by Plaintiff indicating waiver of notice. Even if Defendant had provided notice to Plaintiff, the Court notes The following tentative rulings shall become the ruling of the court unless a party gives notice of intention to appear as follows: 1. You must call (209) 725-4240 to notify the court of your intent to appear.
2. You must give notice to all other parties before 4:00 p.m. of your inten t to appear. Per California Rules of Court, rule 3.1308(a)(1), failure to do both items 1 and 2 will result in no oral argument. Note: Notifying CourtCall (the court’s telephonic appearance provider) of your intent to appear does not satisfy the requirement of notifying the court.
Defendant has not met his burden of showing that his failure to file a timely response in this action to prevent the entry of default and default judgment in April 2026 was due to his “mistake, inadvertence, surprise, or excusable neglect.” (See
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26CV-02479 [Parties’ names withheld pursuant to CCP § 1161.2(a)(1)]
Court Trial: Unlawful Detainer
Appearance required.