AARON GREENSPAN VS. ELON MUSK ET AL

Set for Law and Motion/Discovery Calendar on Friday, November 07, 2025, Line 6. 1 - DEFENDANT SMICK ENTERPRISES, INC.'s Motion To Set Aside Entry Of Default For Defendant Smick Enterprises, Inc.

Defendant Smick Enterprises, Inc.'s motion to vacate default is GRANTED. Defendant moves under Code of Civil Procedure section 473(d), which allows a court to set aside a void default. Defendant relies as well on section 473(b), which allows a court to set aside a default based on mistake, inadvertence, surprise, or excusable neglect.

The default against Defendant is not void. Defendant contends it was never properly served. Plaintiff has demonstrated Defendant was properly served through its registered agent for process. Defendant's arguments to the contrary merit no discussion. Defendant's motion under section 473(d), thus, fails.

The court, however, vacates the default under section 473(b) based on surprise. Defendant represents it believed the action had concluded in federal court. Defendant's representation is not credible. Defendant Qasi controls Defendant and Defendant Qasi was well aware the case continued in this court. Defendant Qasi's knowledge is reasonably imputed to Defendant. However, there is a policy to hear cases on the merits and courts condemn the taking of defaults through quiet speed and stealth. (Lasalle v. Vogel (2019) 36 Cal.App.5th 127, 135.)

Here, Plaintiff concedes he understood Defendant Qasi to control Defendant, he had access to Qasi-he was seeking discovery from Qasi, moving to compel Qasi to take certain actions and appearing in court with Qasi-and he chose not to raise the issue of Defendant's response at any point. The record, here, is similar to the record on Defendant Qasi's section 473(b) motion. Just as Plaintiff's reliance on surprise there was unacceptable, his reliance on surprise here is unacceptable.

Under the unique circumstances relevant to this motion, the court grants Defendant Smick Enterprises, Inc.'s request for relief from default under section 473(b) and orders Defendant, Inc. to file its demurrer by November 14, 2025.

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.