Judge: Cynthia A Freeland, Case: 37-2021-00045962-CU-BC-NC, Date: 2023-08-25 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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SOUTH BUILDING TENTATIVE RULINGS - August 24, 2023

08/25/2023  01:30:00 PM  N-27 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Cynthia A. Freeland

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Civil - Unlimited  Breach of Contract/Warranty Motion Hearing (Civil) 37-2021-00045962-CU-BC-NC DOUGLASS VS RASHKIN [IMAGED] CAUSAL DOCUMENT/DATE FILED: Motion - Other, 07/24/2023

Defendant Mark Rashkin ('Defendant')'s motion for entry of judgment and for appointment of an elisor, and for sanctions, is denied without prejudice.

Defendant has not filed a proof of service of the moving papers upon Plaintiff Mary Teresa Douglass ('Plaintiff'). See Cal. R. Ct. 3.1300(c). Consequently, there is no evidence that Defendant provided Plaintiff with the requisite statutory notice of the hearing on this motion. See Cal. R. Ct. 3.1300(a); Cal. Code Civ. P. § 1005(b).

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, August 25, 2023. If no party appears at the hearing, this tentative ruling will become the order of the court as of August 25, 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.

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