Judge: Deborah C. Servino, Case: 30-2021-01230041, Date: 2023-08-11 Tentative Ruling

NO TENTATIVE RULING

 

Plaintiff Max Aragon timely filed an opposition to Defendant Garfield Beach CVS, L.L.C.'s motion for summary judgment, or in the alternative, motion for summary adjudication.  The proof of service of the opposition indicates that the opposition was timely served only by electronic transmission.  (ROA 83.)  The supporting papers for the opposition were likewise only served by electronic transmission.  (ROA 85, 87, 88.)  The proofs of service for the opposition papers, however, do not fully comply with Code of Civil Procedure section 1013b, subdivision (b)(1), which requires the electronic service address.  On August 7, 2023, Defendant filed a notice of non-opposition to the motion.  (ROA 90.)  No reply was filed. 

 

The parties should be prepared to address whether Defendant was properly served with Plaintiff's opposition papers.