Judge: Douglas W. Stern, Case: 20STCV09022, Date: 2023-02-23 Tentative Ruling

Case Number: 20STCV09022    Hearing Date: February 23, 2023    Dept: 68

Favilli v. Tung, Case No. 20STCV09022

Tentative Ruling on Ex Parte Application

The clerk of the Court is ordered to file the "PLAINTIFF AND CROSS-DEFENDANT’S MOTION TO VACATE JUDGMENT AND ENTER DIFFERENT JUDGMENT; AND MOTION FOR NEW TRIAL; ETC." nunc pro tunc as of February 16, 2023, the date that it was properly delivered to the Court Clerk for filing and erroneously rejected on the basis that the reservation number had appeared on the previously filed "PLAINTIFF AND CROSS-DEFENDANT’S NOTICE OF INTENTION TO MOVE: (1) TO VACATE JUDGMENT AND ENTER DIFFERENT JUDGMENT; AND (2) FOR NEW TRIAL AS TO CLAIMS PREVIOUSLY DISMISSED AND/OR ADJUDICATED."  That first pleading is a statutorily required part of the same motion, not a different motion.

If any party opposes the tentative ruling the party may present argument, as the opposing parties have not had an opportunity to file opposition papers.