Judge: Cynthia A Freeland, Case: 37-2022-00001307-CU-OR-NC, Date: 2024-01-12 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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SOUTH BUILDING TENTATIVE RULINGS - January 11, 2024

01/12/2024  01:30:00 PM  N-27 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Cynthia A. Freeland

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Civil - Unlimited  Other Real Property Motion Hearing (Civil) 37-2022-00001307-CU-OR-NC VILLA TRINIDAD HOMEOWNERS ASSOCIATION VS HARBOUR [IMAGED] CAUSAL DOCUMENT/DATE FILED: Motion for Attorney Fees, 12/18/2023

Plaintiff/Judgment Creditor Villa Trinidad Homeowners Association ('Judgment Creditor')'s motion for post-judgment attorney's fees is denied without prejudice.

The court finds that Judgment Creditor failed to provide sufficient notice of the hearing on this matter.

California Code of Civil Procedure § 1005(b) provides, in relevant part, that 'all moving and supporting papers shall be served and filed at least 16 court days before the hearing.' Cal. Code Civ. P. § 1005(b).

When service is effectuated electronically or via overnight mail, the notice period or time to respond is extended by two court days. See Cal. Code Civ. P. §§ 1005(b), 1010.6(a)(3)(B), 1013(c). Judgment Creditor filed the motion and served Defendant/Judgment Debtor Major M. Harbour ('Judgment Debtor') with the moving papers electronically and via overnight mail on December 18, 2023. See ROA Nos.

73-74. The hearing on the motion was scheduled for January 12, 2024. To afford the requisite notice for a January 12, 2024 hearing, and accounting for the court holidays on December 25, 2023 and January 1, 2024, electronic and overnight service needed to have been effectuated by no later than December 15, 2023. In this instance, the court cannot conclude that the deficient notice was not prejudicial given that Judgment Debtor did not file a written opposition to the motion. Consequently, the court must deny the motion without prejudice.

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, January 12, 2024. If no party appears at the hearing, this tentative ruling will become the order of the court as of January 12, 2024. 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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