Judge: Cynthia A Freeland, Case: 37-2019-00063079-CU-BC-NC, Date: 2023-12-08 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

DEPT.:

EVENT DATE:

EVENT TIME:

SOUTH BUILDING TENTATIVE RULINGS - December 07, 2023

12/08/2023  01:30:00 PM  N-27 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Cynthia A. Freeland

CASE NO.:

CASE CATEGORY:

EVENT TYPE:

CASE TITLE: CASE TYPE:

Civil - Unlimited  Breach of Contract/Warranty Motion Hearing (Civil) 37-2019-00063079-CU-BC-NC KAATS VS CHRISTOPHER M KEARNS CONSTRUCTION INC [IMAGED] CAUSAL DOCUMENT/DATE FILED: Motion - Other, 11/13/2023

Plaintiff/Judgment Creditor Diane Kaats ('Plaintiff')'s motion for an assignment order is denied without prejudice.

The court finds that Plaintiff failed to provide sufficient notice of the hearing on this matter. California Code of Civil Procedure § 1005(b) provides in relevant part that '[u]nless otherwise ordered or specifically provided by law, all moving and supporting papers shall be served and filed at least 16 court days before the hearing.' Cal. Code Civ. P. § 1005(b). In this instance, the proof of service indicates that Plaintiff served Defendants with the moving papers via overnight mail on November 13, 2023. See ROA No. 221. Considering the court holidays on November 23 and 24, 2023, Plaintiff needed to have filed and served the motion by no later than November 10, 2023. See Cal. Code Civ. P. §§ 10, 1013(c). Given that Defendants have not filed an opposition to the motion as of the date of this ruling, the court cannot conclude that the deprivation of the Code-compliant notice period was not prejudicial. Consequently, the court must deny the motion.

In light of the foregoing, the court denies the motion without prejudice.

This is the tentative ruling for the hearing at 1:30 p.m. on Friday, December 8, 2023. If no party appears at the hearing, this tentative ruling will become the order of the court as of December 8, 2023. If the parties are satisfied with the court's tentative ruling or do not otherwise wish to argue the motion, they are encouraged to give notice to the court and each other of their intention not to appear, though this notice is not required.

Calendar No.: Event ID:  TENTATIVE RULINGS

3032578