| Case | County / Judge | Motion | Ruling | Indexed | Hearing |
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Motion To Set Aside Default
Matter on the Law & Motion / Discovery calendar for Thursday, August 28, 2025, Line 7. DEFENDANT KYLE HILL DESIGN DBA KHD GROUP, LLC's Motion To Set Aside Default.
Defendant's motion to vacate the default entered on June 5, 2025, is granted. Defendant presents a reasonable excuse for not timely responding to the complaint, the motion is timely, and defendant provides a proposed pleading. "Section 473 is often applied liberally where the party in default moves promptly to seek relief, and the party opposing the motion will not suffer prejudice if relief is granted. In such situations very slight evidence will be required to justify a court in setting aside the default. Moreover, because the law strongly favors trial and disposition on the merits, any doubts in applying section 473 must be resolved in favor of the party seeking relief from default ...." (Kramer v. Traditional Escrow, Inc. (2020) 56 Cal.App.5th 13, 28 [citation simplified].)
Here, the copy of the Hill declaration that was filed with the court (and the courtesy copy) is incomplete and mistakenly includes portions of the Bragman declaration. Nevertheless, paragraphs 1 and 6 of the Hill declaration explain that he is the principal of defendant and failed to respond to the complaint in a timely fashion due to medical and family issues. Defendant demonstrates excusable neglect and the Hill reply declaration buttresses this basis for relief. The court therefore grants the motion.
The court awards $750 to plaintiff as reasonable fees and costs for obtaining the default. (See Rogalski v. Nabers Cadillac (1992) 11 Cal.App.4th 816, 822 ["Section 473 allows the court to impose just conditions in setting aside a default. Such conditions might include the attorney fees and costs incurred by the plaintiff in obtaining the default judgment..."].) Defendant shall make the payment by September 30, 2025. Defendant shall file the proposed answer and cross-complaint by September 5, 2025.
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.
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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.
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) |