Notice Of Motion And Motion To Vacate Default Judgment Pursuant To Ccp 663
Set for Law and Motion/Discovery Calendar on Tuesday, August 04, 2026, Line 3. Plaintiff Creditor Adjustment Bureau, Inc.'s Motion To Vacate Default Judgment Pursuant To CCP 663 is OFF CALENDAR.
Plaintiff moves under Code of Civil procedure section 663. That section provides as follows: "A judgment or decree, when based upon a decision by the court, or the special verdict of a jury, may, upon motion of the party aggrieved, be set aside and vacated by the same court, and another and different judgment entered, for either of the following causes, materially affecting the substantial rights of the party and entitling the party to a different judgment: 1. Incorrect or erroneous legal basis for the decision, not consistent with or not supported by the facts; and in such case when the judgment is set aside, the statement of decision shall be amended and corrected.
2. A judgment or decree not consistent with or not supported by the special verdict."
Plaintiff here on June 5, 2026, obtained a court judgment in Department 525. Plaintiff now brings a motion in this department to vacate that judgment and enter a new judgment because, it argues, the 6/5/2026 judgment is incorrect. Such a motion must be brought in the department that issued the judgment, which, here, is Department 525. This motion, thus, is ordered off calendar. Any renewed motion must be noticed for hearing in the correct department.
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.
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.
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 in your email all of the following: their name, CSR and telephone numbers, and their individual work email address. =(302/JMQ) | |
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