JPMORGAN CHASE BANK, N.A. VS. ANDRIA BRYANT

Set for Law and Motion/Discovery Calendar on Tuesday, March 17, 2026, Line 2. Plaintiff JP Morgan Chase Bank, N.A.'s unopposed Motion To Set Aside Judgment And Dismiss Action Without Prejudice is DENIED.

Plaintiff moves under Code of Civil Procedure section 473(d): "The court may, upon motion of the injured party, or its own motion, correct clerical mistakes in its judgment or orders as entered, so as to conform to the judgment or order directed, and may, on motion of either party after notice to the other party, set aside any void judgment or order." Plaintiff has not established that the court's 5/20/2021 Judgment contains a "clerical mistake" or is void. Thus, the requested relief of an order setting aside the 5/20/2021 Judgment is denied.

Nor is the court inclined to dismiss the action without prejudice. Counsel testifies that "information was provided to Plaintiff regarding the underlying account" and "[f]ollowing investigation, Plaintiff determined that in the interest of justice and fairness the Default and Default Judgment entered against Defendant should be set aside and the matter be dismissed without prejudice." (Dawson Dec. para. 6.) What information? From where and from whom? How does the information compel setting aside the default and default judgment "in the interest of justice and fairness"? How could the information and the record possibly support dismissal without prejudice (as opposed to with prejudice), especially in light of the passage of time (and running of limitations periods)? How do the facts support any action under Code of Civil Procedure section 473(d)?

Moving Party must prepare a proposed order which repeats verbatim the substantive portion of the tentative ruling and email it to contestdept302tr@sftc.org prior to the time set for hearing.

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.