Judge: David A. Hoffer, Case: 30-20-2022-1259844, Date: 2022-08-22 Tentative Ruling
The hearing on Plaintiff, Alice Blume’s (“Plaintiff”) Motion for Preference pursuant to Cal. Civ. Proc. Code § 36(a) is CONTINUED to September 12, 2022, at 1:30 p.m. -- the earliest date for this hearing allowing time for service and response according to code.
Given Plaintiff’s advanced age and health conditions as detailed in the moving papers, Plaintiff’s motion appears well-taken. However, the Court is unable to locate a proof of service of this motion on Defendant Select Portfolio Servicing Inc. (“Select Portfolio”) and no opposition was filed by any defendant. Thus, the Court is unable to determine if Select Portfolio received notice of this motion. The Court also notes that Select Portfolio only recently filed a responsive pleading in this case.
Accordingly, the motion is continued to the above date to ensure proper service on Select Portfolio.
Plaintiff is to promptly serve notice of the continued hearing date on all parties pursuant to code and file a proof of service of same at least five court days before the continued hearing.
Moving party is further ordered to give notice of this ruling.