Judge: Donald F. Gaffney, Case: "Duarte v. Camden Development, Inc.", Date: 2023-07-12 Tentative Ruling

TENTATIVE RULING:

Motion for Summary Judgment.

Defendants Camden Development, Inc., Camden Sea Palms, Camden Property Trust, and Kevin Pedersen move for summary judgment on the Complaint filed by Plaintiff Francisco Duarte.  For the reasons set forth below, hearing on the motion is CONTINUED to July 26, 2023, at 9:00 a.m. in this Department.

Proof of electronic service must include all of the following:

(1)      The electronic service address and the residence or business address of the person making the electronic service.

(2)      The date of electronic service.

(3)      The name and electronic service address of the person served.

(4)      A statement that the document was served electronically.

(Code Civ. Proc., § 1013b, subd. (b) [emphasis added.)

In this case, the proof of electronic service is deficient.  The proof of service for the motion does not list the electronic service address of the person making the electronic service.  Instead, only the business physical address and not the electronic service address is provided for Grace Andrade.  (Code Civ. Proc. § 1013b(b).) 

Plaintiff did not file an Opposition, so Plaintiff did not waive any defect in service. 

The hearing on this motion is continued to July 26, 2023, for Defendants to file a corrected proof of service.

Defendants to give notice of this continuance.