| Case | County / Judge | Motion | Ruling | Indexed | Hearing |
|---|
Motion To Set Aside Default, Vacate Default Judgment And Recall Writ Of Execution
SF Superior Court - Real Property / Housing Dept 501 - CUD25680762 - February 24, 2026 Hearing date: February 24, 2026 Case number: CUD25680762 Case title: IRINA MASS VS. MARETA ELIEPA SEELUA ET AL Case Number: | | CUD25680762 | Case Title: | | IRINA MASS VS. MARETA ELIEPA SEELUA ET AL | Court Date: | | 2026-02-24 09:30 AM | Calendar Matter: | | Defendant Mareta Eliepa Seelua'S Notice Of Motion To Set Aside Default, Vacate Default Judgment And Recall Writ Of Execution | Rulings: | | Real Property/Housing Court Law and Motion Calendar for February 24, 2026. Line 6.
DEFENDANT Motion To Set Aside Default, Vacate Default Judgment And Recall Writ Of Execution is DENIED under CCP 473(b). The motion is not untimely. The default and default judgment were entered by the clerk; they are not based upon any decision by the court or the special verdict of a jury. CCP 663-663a therefore do not govern this motion to vacate.
However, Defendant has not acted diligently in seeking relief upon her discovery of the default, which occurred only one day after it was entered. In particular, the Court notes that although an Order Shortening Time was granted for this motion due to the urgency to the Defendant, as presented at the time of ex parte hearing, no explanation has been offered in the moving papers regarding Defendant's failure to seek this relief until more than a month after Defendant discovered the default, and more than three weeks after Defendant obtained full-scope counsel.
Had Defendant filed this motion promptly upon obtaining counsel, this motion could have already been heard on full notice. Instead, Defendant's own unexplained delay created the urgency that necessitated the shortened time for this motion, significantly reducing the opposing party's time to respond. The Court nonetheless considered the totality of the circumstances, and in its discretion denies the requested relief. =(501/CFH)
Parties may appear in-person, telephonically or via Zoom (Video - Webinar ID: 160 560 5023; Password: 172849; or Phone Dial in: (669) 254-5252; Webinar ID: 160 560 5023; Password: 172849). Parties who intend to appear at the hearing must give notice to opposing parties and the court promptly, but no later than 4:00 p.m. the court day before the hearing unless the tentative ruling has specified that a hearing is required.
Notice of contesting a tentative ruling shall be provided by sending an email to the court to Department501ContestTR@sftc.org with a copy to all other parties stating, without argument, the portion(s) of the tentative ruling that the party contests. A party may not argue at the hearing if the opposing party is not notified, and the opposing party does not appear. | |
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