Judge: Elaine Lu, Case: 23STCV14511, Date: 2023-12-07 Tentative Ruling

Case Number: 23STCV14511    Hearing Date: December 7, 2023    Dept: 26

12/7/23

On the Court’s own motion, the OSC re proof of service set for December 7, 2023 is CONTINUED to 2/2/24 at 8:30 am.

Plaintiff has failed to comply with the Court's 10/23/23 minute order to file proof of service of the Summons and Complaint on Maria Marmolejo.  Nor has Plaintiff filed any declaration explaining its failure to do so. 

As noted previously, Plaintiff’s Counsel has failed to file proof of service of the Summons and Complaint as to all defendants, including Maria Marmolejo.

2/2/24 at 8:30 am - OSC re sanctions for failure to file proof of service.  Plaintiff’s Counsel is ordered to appear on 2/2/24 at 8:30 am and explain why sanctions (including monetary sanctions of at least $500 and/or dismissal) should not be imposed for failure to file proof of service of the summons and complaint on all defendants, in compliance with California Rules of Court, Rule 3.720.

If proof of service has not been filed at that time, then no later than five days before the OSC hearing, Plaintiff’s Counsel is also to file a declaration explaining the failure to file proofs of service of the summons and complaint as to all unserved defendants and explaining any and all efforts undertaken to attempt service of the summons and complaint on all named defendants. 

The Case Management Conference is continued to 2/2/24 at 8:30 am.

Failure of Plaintiff to appear at the next hearing will be deemed by the court to be Plaintiff’s consent to dismiss the entire case.