Judge: Carolyn M. Caietti, Case: 37-2022-00010487-CU-MC-CTL, Date: 2023-12-20 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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TENTATIVE RULINGS - December 19, 2023

12/20/2023  10:30:00 AM  C-70 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Carolyn Caietti

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Civil - Unlimited  Misc Complaints - Other Motion Hearing (Civil) 37-2022-00010487-CU-MC-CTL CITY OF SAN DIEGO VS FONSECA [IMAGED] CAUSAL DOCUMENT/DATE FILED: Motion to Be Relieved as Counsel of Record, 04/11/2023

Plaintiff Humberto De Alencar Fonseca's Motion to Be Relieved as Counsel is OFF CALENDAR.

C.C.P. Section 1005(b) requires 'all moving and supporting papers shall be served and filed at least 16 court days before the hearing.' (C.C.P., § 1005(b).) 'However, if the notice is served by mail, the required 16-day period of notice before the hearing shall be increased by five calendar days if the place of mailing and the place of address are within the State of California...' (Ibid.) Here, Counsel filed and mail-served the motion on December 1, 2023. This is untimely filing and service and insufficient notice. Defendant was required to file the motion by November 28, 2023, and mail serve the motion by November 23, 2023.

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