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Notice Of Motion And Motion To Set Aside Default And Default Judgement
Set for Law and Motion/Discovery Calendar on Friday January 09, 2026, Line 8. Defendant Robert Arthur Johnson's unopposed Motion To Set Aside Default and Default Judgment is GRANTED.
"When service of a summons has not resulted in actual notice to a party in time to defend the action and a default or default judgment has been entered against him or her in the action, he or she may serve and file a notice of motion to set aside the default or default judgment and for leave to defend the action." (Code of Civil Procedure section 473.5(a).)
"The notice of motion shall be served and filed within a reasonable time, but in no event exceeding the earlier of: (i) two years after entry of a default judgment against him or her; or (ii) 180 days after service on him or her of a written notice that the default or default judgment has been entered." (Ibid.)
The motion "shall be accompanied by an affidavit showing under oath that the party's lack of actual notice in time to defend the action was not caused by his or her avoidance of service or inexcusable neglect." (Code of Civil Procedure section 473.5(b).)
"The party shall serve and file with the notice a copy of the answer, motion, or other pleading proposed to be filed in the action." (Ibid.)
The court may set aside the default or default judgment on a finding that the defendant's lack of actual notice was not due to his avoidance of service or inexcusable neglect. (Code of Civil Procedure section 473.5(c).)
Unless inexcusable neglect is clear, the policy favoring trial on the merits prevails over the general rule of deference to the trial court's exercise of discretion, and doubts are resolved in favor of the application for relief from default. (Tunis v. Barrow (1986) 184 Cal.App.3d 1069,1079.)
Here, Defendant has satisfied the requirements of section 473.5. The court finds Defendant's lack of actual notice in time to defend the action was not caused by his or her avoidance of service or inexcusable neglect. Thus, the court sets aside the default and default judgment entered in this case. The court grants Defendant leave to defend the action. Defendant's answer must be filed within ten court days of entry of this order.
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.
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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.
Counsel for the prevailing party is required to prepare a proposed order which repeats verbatim the substantive portion of the tentative ruling and must email it to contestdept302tr@sftc.org prior to the hearing even if the tentative ruling is not contested.
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