Judge: Curtis A. Kin, Case: 20STCV45853, Date: 2023-04-18 Tentative Ruling

Case Number: 20STCV45853    Hearing Date: April 18, 2023    Dept: 72

MOTION FOR JUDGMENT ON THE PLEADINGS

Date:              4/18/23 (8:30 AM)                 

Case:             Evelyn Howell Massey v. Biola University, Inc. (20STCV45853)

TENTATIVE RULING:

Defendant Biola University, Inc.’s Motion for Judgment on the Pleadings is CONTINUED.

The moving papers were initially served on plaintiff Evelyn Howell Massey by electronic service. Self-represented litigants “are to be served by non-electronic methods unless they affirmatively consent to electronic service.” (Rule of Court 2.251(c)(3)(B); CCP § 1010.6(c)(3)(ii).) Neither defendant nor plaintiff filed any written agreement from plaintiff to accept electronic service.

Recognizing that plaintiff could only be served by mail, defendant asserts that plaintiff was served by express mail on April 6, 2023. (Kossick Decl. ¶¶ 4, 8 & Ex. 4.) Based on the hearing date of April 18, 2023, plaintiff was required to be served by March 22, 2023 for express mail service to be effective. (CCP §§ 1005(b) [motion to be filed 16 court days before hearing], 1013(c) [two court days added for express mail].) Defendant also did not file a proof of service by express mail that complies with CCP § 1013a. (See CCP § 1013a(1) [requiring affidavit for proof of service by mail to state, inter alia, the exact title of the document served, the business address of the person making the service, and the affiant is over the age of 18 years and not a party to the case].)

Because plaintiff was not timely served with the motion, the motion is CONTINUED to May 16, 2023, at 9:30 a.m., in Department 72 (Stanley Mosk Courthouse). No later than two (2) court days hereof, defendant Biola University, Inc. is ordered to serve (1) proof of the April 6, 2023 service by express mail that complies with CCP § 1013a and (2) proof of service of notice of continuance of the hearing on the instant motion.

Further, the Court continues the Case Management Conference and hearing on the Court’s Order to Show Cause Re: Dismissal for Plaintiff’s Failure to Prosecute to May 16, 2023, at 9:30 a.m., in Department 72 (Stanley Mosk Courthouse).  Defendant to provide Notice.