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Motion To Set Aside And Vacate Void Entry Of Default
Matter on calendar for Tuesday, May 19, 2026, Line 3, CROSS DEFENDANT JANE DOE's Motion To Set Aside And Vacate Void Entry Of Default.
Cross-Defendant Jane Doe's Motion To Set Aside And Vacate Void Entry Of Default is DENIED. Cross-Defendant moves under Code of Civil Procedure section 473(d). Section 473(d) provides: "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."
The court's 3/17/2026 default is not void. On 12/19/2025 and under the Civil Discovery Act, the court imposed terminating sanctions against Cross-Defendant based on her discovery abuses. The court ordered her answer stricken and that "her default shall be entered." On 3/17/2026, the clerk entered the default. The clerk properly rejected Cross-Defendant's proffered answer in light of the 12/19/2025 terminating order. Thus, the fact Cross-Defendant purported to file her answer the same day as the clerk entered default in no way renders the default, which was entered pursuant to the 12/19/2025 terminating order, void. The default, in fact, is not void and the clerk properly rejected Cross-Defendant's unauthorized answer.
Cross-Defendant invokes, as well, the court's inherent authority. On this record, the court declines to exercise its discretion to void the default or order the clerk to file Cross-Defendant's unauthorized answer.
Cross-Complainants Ripple Labs, Inc.'s request for sanctions under Code of Civil Procedure section 128.7(b) is denied.
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.
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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). | |