Judge: Cynthia A Freeland, Case: 37-2022-00024197-CU-PA-NC, Date: 2023-09-01 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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SOUTH BUILDING TENTATIVE RULINGS - August 31, 2023

09/01/2023  01:30:00 PM  N-27 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Cynthia A. Freeland

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Civil - Unlimited  PI/PD/WD - Auto Motion Hearing (Civil) 37-2022-00024197-CU-PA-NC RYAN VS BISHOP [IMAGED] CAUSAL DOCUMENT/DATE FILED: Motion - Other, 08/09/2023

Defendant Delia Bishop ('Defendant')'s motion for consolidation or, alternatively, for a continuance or bifurcation of trial is denied without prejudice.

The court finds that Defendant failed to provide all interested parties with sufficient notice of the hearing on this matter. The proof of service indicates that on August 9, 2023, Defendant electronically served Plaintiff Celeste Ryan and counsel for Cross-Complainant Jose Rios with the moving papers. However, proper electronic service needed to have been effectuated by no later than August 8, 2023. See Cal. Code Civ. P. §§ 1005(b), 1010.6(a)(3)(B). The court cannot conclude that Ms. Ryan and Mr. Rios were not prejudiced by the foregoing given that they have not filed an opposition to the motion. 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, September 1, 2023. If no party appears at the hearing, this tentative ruling will become the order of the court as of September 1, 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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