KYLIE JOHNSON ET AL VS. TOPSTONE INVESTMENT, LLC, ET AL

Set for Law and Motion/Discovery Calendar on Friday, December 12, 2025, Line 9.

2 - Defendant Kent Mak's Motion To Vacate Default is GRANTED. Defendant moves under Code of Civil Procedure section 473(b), which allows a court to set aside a default based on mistake, inadvertence, surprise, or excusable neglect. The record demonstrates excusable neglect and surprise. There is a strong policy to hear cases on the merits. (Slusher v. Durrer (1977) 69 Cal.App.3d 747, 753.)

Notwithstanding Moving Defendant's failure to lodge its proposed responsive pleading (see Code of Civil Procedure section 473(b)), the court finds good cause and orders the 10/15/2025 default against him set aside and grants Moving Defendant 10 court days leave to respond to the complaint, the time starting upon entry of this order. Moving Defendant 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. 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/JMQ) | |