Motion to Set Aside/Vacate Default and Default Judgment (CCP 473.5)
24CV077511: ASHFORD SAN JOSE LP D/B/A RESIDENCE INN NEWARK SILICON VALLEY vs KOHLI 06/10/2026 Hearing on Motion to Set Aside/Vacate Default and Default Judgment (CCP 473.5) filed by Vinay Kohli (Defendant) CRS# 845760310619 in Department 514
Tentative Ruling - 06/08/2026 Julie Wilensky
The Hearing on Motion to Set Aside/Vacate Default and Default Judgment (CCP 473.5) filed by Vinay Kohli (Defendant) CRS# 845760310619 scheduled for 06/10/2026 is continued to 07/15/2026 at 02:30 PM in Department 514 at Hayward Hall of Justice.
NOTICE: All attorneys and unrepresented parties who contest the tentative ruling and request an opportunity to present their arguments at the hearing must notify all other parties of their intention to appear by telephone or in person no later than the day before the hearing, by 4:00 p.m. PT. Parties and attorneys must also formally indicate their objection on eCourt and by sending an email message to the Department 514 clerk at Dept514@alameda.courts.ca.gov. The parties and attorneys must clearly indicate in their email messages the name of the case and the case number. The tentative ruling will become the ruling of the Court if the Court has not directed oral argument by its tentative ruling and notice of a partys intent to appear is not received by the deadline. See California Rule of Court 3.1308(a)(1) and Alameda County Superior Court Local Rule 3.30(d).
The hearing on the motion of Defendant and Judgment Debtor Vinay Vince Kohli (Defendant) to set aside the default judgment entered in favor of Plaintiff and Judgment Creditor Ashford San Jose LP (dba Residence Inn Newark Silicon Valley) (Plaintiff), on February 18, 2026, pursuant to CCP § 473(b), is CONTINUED to July 15, 2026, at 2:30 p.m., in Department 514.
The Court cannot proceed with the hearing on Defendants motion to set aside the default judgment because he filed Notices of Appeal on March 23, 2026 and May 22, 2026. See CCP § 916(a) (partys perfecting of an appeal of the judgment stays proceedings in the trial court). Plaintiff obtained the default judgment after the Honorable Michael Risher granted its motion for terminating sanctions by striking Defendants Answer to the Complaint on February 11, 2026. See
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The Court will prepare the order. The court clerk will mail a copy of the order to the parties. Defendant Kohli shall file and serve the notice of entry of order no later than June 16, 2026.