Judge: Cynthia A Freeland, Case: 37-2022-00046307-CU-PA-NC, Date: 2023-09-15 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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SOUTH BUILDING TENTATIVE RULINGS - September 14, 2023

09/15/2023  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) 37-2022-00046307-CU-PA-NC ROWLEY VS CREATIV SYSTEMS INC [IMAGED] CAUSAL DOCUMENT/DATE FILED: Motion for Change of Venue, 07/12/2023

Plaintiff Deneise Rowley ('Plaintiff')'s motion for change of venue is denied without prejudice.

Plaintiff has not filed a proof of service of the moving papers upon Defendants Creativ Systems, Inc. dba Encore Event Center, Adrian Williams, Peter John Meno, and Kenna Kurronen (collectively, 'Defendants'). See Cal. R. Ct. 3.1300(c). There is no evidence that Plaintiff provided Defendants with the requisite statutory notice of the hearing on this motion. See Cal. R. Ct. 3.1300(a); Cal. Code Civ. P. § 1005(b). The court cannot conclude that Defendants 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 15, 2023. If no party appears at the hearing, this tentative ruling will become the order of the court as of September 15, 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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