Notice Of Motion And Motion For Order Instructing Clerk To Enter Default And Default Judgment
SF Superior Court - Law & Motion / Discovery Dept 301 - CGC25623201 - June 8, 2026 Hearing date: June 8, 2026 Case number: CGC25623201 Case title: BANK OF AMERICA, NA. VS. SOPHIA CERON-MEJIA Case Number: | | CGC25623201 | Case Title: | | BANK OF AMERICA, NA. VS. SOPHIA CERON-MEJIA | Court Date: | | 2026-06-08 09:00 AM | Calendar Matter: | | Notice Of Motion And Motion For Order Instructing Clerk To Enter Default And Default Judgment | Rulings: | | Matter on the LAW AND MOTION / DISCOVERY Calendar for Monday, Jun-08-2026. LINE 9. PLAINTIFF BANK OF AMERICA, NA'S Motion For Order Instructing Clerk To Enter Default And Default Judgment.
The unopposed motion for an order instructing the clerk to enter default and default judgment is denied without prejudice. Moving party provides no evidence that it has included a venue declaration with its packet or served the venue declaration on the defendant.
Civil Code, section 1812.10, subdivision (c), provides: "In any action subject to this section, concurrently with the filing of the complaint, the plaintiff shall file an affidavit stating facts showing that the action has been commenced in a superior court and court location described in this section as a proper place for the trial of the action. Those facts may be stated in a verified complaint and shall not be stated on information or belief. When that affidavit is filed with the complaint, a copy thereof shall be served with the summons.
If a plaintiff fails to file the affidavit or state facts in a verified complaint required by this section, no further proceedings may occur, but the court shall, upon its own motion or upon motion of any party, dismiss the action without prejudice. The court may, on terms that are just, permit the affidavit to be filed subsequent to the filing of the complaint and a copy of the affidavit shall be served on the defendant. The time to answer or otherwise plead shall date from that service."
The court observes that the plaintiff's brief argues that the clerk may not require proof of damages, but the notice of rejection of default does not cite a lack of proof of damages as a basis for rejection.
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) | |