MOTION –SET ASIDE/VACATE
Plaintiff Chapman Law Group filed its complaint on December 22, 202. Proof of service of summons was entered on January 14, 2026. Request for default was entered on February 13, 2026. Plaintiff filed its Opposition on May 4.
Defendant Lee Greenberg filed a motion to set aside the default on February 20, 2026. In his papers, he states that he is a gentleman in his 90s, in declining health. Defendant also made an in court an appearances at a Case Management Conference on Wednesday, May 13, 2026, with Defendant appearing remotely, advising the court of the same thing.
Defendant seeks to set aside a judgment entered in favor of the defense pursuant to CCP §473(b), which permits a party to seek relief from an order entered because of mistake, inadvertence, surprise or excusable neglect. The trial court has broad discretion to grant or deny the requested relief. CCP §473. Defendant seeks relief pursuant to CCP § 473(b), arguing he is pro per has multiple lawsuits underway which involve elder financial abuse.
The request is Granted. Defendant is to file his answer to the Complaint not later than June 12, 2026.
Parties must comply with Marin County Superior Court Local Rules, Rule 2.10(A), (B), which provides that if a party wants to present oral argument, the party must contact the Court at (415) 444-7046 and all opposing parties by 4:00 p.m. the court day preceding the scheduled hearing. Notice may be by telephone or in person to all other parties that argument is being requested (i.e., it is not necessary to speak with counsel or parties directly.) Unless the Court and all parties have been notified of a request to present oral argument, no oral argument will be permitted except by order of the Court. In the event no party requests oral argument in accordance with Rule 2.10(B), the tentative ruling shall become the order of the court.
IT IS ORDERED that evidentiary hearings shall be in-person in Department L. For routine appearances, the parties may access Department L for video conference via a link on the court website. Kindly turn your camera on when your case is called and make sure the party or lawyer making the appearance is properly identified on the screen.
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FURTHER ORDERED that the parties are responsible for ensuring that they have a good connection and that they are available for the hearing while using the virtual remote courtroom. If the connection is inadequate, the Court may proceed with the hearing in the party’s absence. If it is determined that you are driving your car during the hearing, you will be removed from the virtual courtroom. (Yes, this happens).