| Case | County / Judge | Motion | Ruling | Indexed | Hearing |
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Motion To Set Aside Default And Default Judgment
Matter on the Law & Motion / Discovery calendar for Monday, August 25, 2025, Line 5. 1 - DEFENDANTS LISA BROWNING, D.D.S., INC., D.B.A. ASPIRE DENTAL SPA, AND LISA BROWNING's Motion To Set Aside Default And Default Judgment.
Defendant Lisa Browning et al.'s motion to vacate default and default judgment is GRANTED. Under CCP 473(b), "the court may, upon any terms as may be just, relieve a party ... from a judgment.. taken against him or her through his or her mistake, inadvertence, surprise, or excusable neglect." "Neglect includes an omission, including the failure to give proper attention to a person or thing, whether inadvertent, negligent, or willful." (Martin Potts & Associates, Inc. v. Corsair, LLC (2016) 244 Cal.App.4th 432, 443 [citation simplified].)
Here, Browning has timely moved for relief within six months of this court's entry of judgment on June 18, 2025. Browning has also demonstrated excusable neglect in failing to respond to the lawsuit. At the time of service, Browning's dental practice was understaffed, Browning was overworked, and she had to run a small business under financial pressure. (Browning decl. para. 10, 14, 16.) Browning vaguely recalled someone dropping off papers but, excusably, those papers got buried under patient paperwork. (Id. para. 15.) In April or May 2025, Browning received an onslaught of legal documents in the mail and, for the first time, realized she had been sued. (Id. at 22.) Browning acted diligently to retain California counsel from there. (Id. at 25-26.) Browning's neglect was excusable under these circumstances.
Plaintiff's opposition is unintelligible and presents no cogent argument for the court to consider.
IF THE TENTATIVE RULING IS CONTESTED, THE MOTION WILL BE CONTINUED TO SEPTEMBER 4, 2025. IF THE TENTATIVE RULING IS NOT CONTESTED, THE TENTATIVE RULING WILL BE ADOPTED.
For the 9:00 a.m. calendar, all attorneys and parties may appear in Department 301 remotely or in person. Remote hearings will be conducted by videoconference using Zoom. (Dept. 301 Zoom ID 161 502 4290; Passcode 700956.) 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 contestdept301tr@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.
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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 contestdept301tr@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 or Discovery 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. =(301/CVA) | |