CHARLES LI VS. MEI LING FANG ET AL

Matter on calendar for Wednesday, August 12, 2026, Line 17, DEFENDANT SHUZHEN TU's Motion To Set Aside Default Judgment. (Complete tentative ruling emailed to the parties).

The motion of defendants Shuhen Tu, Meiling Fang, Vi Tran and Demas Yan to set aside the default judgment filed April 29, 2026 is denied. The sole bases argued by defendants to set aside the judgment is that the judgment is a "void judgment" per CCP 473(d) because 1) plaintiff Charles Li lacked standing to bring a wrongful foreclosure lawsuit and 2) Li asserted facts at the default judgment hearing that were from those included in his complaint and thus he made a "de facto amendment" of his complaint violating defendants' due process rights. Assuming without deciding that Li lacked standing as contended by defendants and he asserted facts at the default judgment hearing materially different from those in his complaint, the judgment is not void and may not be set aside per 473(d).

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.

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 in your email all of the following: their name, CSR and telephone numbers, and their individual work email address. =(302/HEK). | |