TD BANK USA, N.A. VS. DARYL CHEN

Set for Law and Motion/Discovery Calendar on Wednesday, October 29, 2025, Line 8. DEFENDANT DARYL CHEN's Motion To Amend Order Of May 22 2025.

Defendant Daryl Chen's unopposed Motion To Amend Order Of May 22, 2025, is GRANTED IN PART AND DENIED IN PART.

First, the court will not amend the May 22, 2025 Order. If Defendant was unsatisfied with the tentative ruling, he should have lodged a timely contest and pointed out what he believes should have been included in the order. Instead, he acquiesced to the tentative and did nothing for several months. This is not a record that support "amending" a settled order.

Second, Defendant's request is unclear. He contends the court "failed to order the accompanying relief Defendant requested to release the Involuntary Lien." (Def's MPA at p. 1.) The May 22, 2025 Order provides: "The court orders set aside the default judgment entered by the clerk on December 30, 2024. Given this directive, Plaintiff and counsel are ordered forthwith to release all liens they have filed based on the December 30, 2024, judgment." Defendant fails to explain why the last sentence is not sufficient to over the "Involuntary Lien" referred to in this motion. Defendant's real issue may be obtaining enforcement of the May 22, 2025 Order, not changing it.

Third, the Abstract of Judgment recorded with the CCSF Assessor-Recorder by Plaintiff on February 20, 2025, was not even mentioned in the May 2025 motion. This said, GOOD CAUSE APPEARING the court orders Plaintiff and counsel to forthwith release all liens they have filed based on the December 30, 2024, judgment in this action, including the lien or "Involuntary Lien" that flows from the Abstract of Judgment recorded with the CCSF Assessor-Recorder by Plaintiff on February 20, 2025. Such lien must be released no later than November 21, 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.

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) | |