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CUD23671214·sf·Civil·Real Property / Housing
Hearing 11 months agoDENIED

NM-JASPER, LLC, A DELAWARE LIMITED LIABILITY VS. ASHLEY LINDLEY ET AL

Motion to Set Aside Default/Default Judgment/Leave to Defend

Hearing date
Oct 3, 2025
Department
501
Judge
Prevailing
Plaintiff

Motion type

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Parties

PlaintiffNM-JASPER, LLC
DefendantASHLEY LINDLEY

Ruling

SF Superior Court - Real Property / Housing Dept 501 - CUD23671214 - October 3, 2025 Hearing date: October 3, 2025 Case number: CUD23671214 Case title: NM-JASPER, LLC, A DELAWARE LIMITED LIABILITY VS. ASHLEY LINDLEY ET AL Case Number: | | CUD23671214 | Case Title: | | NM-JASPER, LLC, A DELAWARE LIMITED LIABILITY VS. ASHLEY LINDLEY ET AL | Court Date: | | 2025-10-03 09:30 AM | Calendar Matter: | | MOTION TO SET ASIDE DEFAULT/DEFAULT JUDGMENT/LEAVE TO DEFEND | Rulings: | | Real Property/Housing Court Law and Motion calendar for October 3, 2025, line 6.

Defendant's Motion to Vacate Default and Default Judgment (CCP 473(b), 473(d), 663, & Court's Inherent Power) is DENIED. Defendant received actual notice of the May 31, 2024 prove up hearing and failed to appear. Defendant has not shown that defendant's failure to appear was the result of any mistake, inadvertence, surprise, or excusable neglect. Nor has defendant shown that the judgment is void on its face or the result of a clerical error. Nor has defendant shown that the judgment rendered following the prove up hearing was based on an erroneous legal basis or inconsistent with the facts presented at the prove up hearing. As to the December 20, 2023 entry of default, this motion is effectively a second motion for reconsideration, and does not meet the requirements of CCP 1008. =(501/CFH)

Parties may appear in-person, telephonically or via Zoom [Webinar ID: 160 560 5023; Password: 172849; Phone Dial in: (669) 254-5252]. Parties who intend to appear at the hearing must give notice to opposing parties and the court promptly, but no later than 4:00 p.m. the court day before the hearing unless the tentative ruling has specified that a hearing is required. Notice of contesting a tentative ruling shall be provided by sending an email to the court to Department501ContestTR@sftc.org with a copy to all other parties stating, without argument, the portion(s) of the tentative ruling that the party contests. A party may not argue at the hearing if the opposing party is not so notified and the opposing party does not appear. | |

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