Judge: Joel R Wohlfeil, Case: 37-2022-00012220-CU-CR-CTL, Date: 2023-12-14 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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TENTATIVE RULINGS - December 13, 2023

12/14/2023  02:30:00 PM  C-73 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Joel R. Wohlfeil

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Civil - Unlimited  Civil Rights OSC - Non-Sanction 37-2022-00012220-CU-CR-CTL RUIZ VS COUNTY OF SAN DIEGO [IMAGED] CAUSAL DOCUMENT/DATE FILED:

The OSC (ROA # 52, 53) of the Court to determine a default judgment should be entered in favor of Plaintiffs Ricardo Ruiz and Orquidea Martinez ('Plaintiffs') and against Defendant County of San Diego ('Defendant' or 'County'), is ruled on as follows: The Court declines to enter default against Defendant County of San Diego based on the currently filed record.

The Proof of Service filed by Plaintiffs (ROA # 42) evidences service of the Summons and Complaint via mail and acknowledgment of receipt of service on August 26, 2023. However, this service is incomplete and ineffective because a completed Notice and Acknowledgement of Receipt is not attached, and has not been filed. See Code Civ. Proc. 415.30.

Plaintiffs also filed what appears to be certified mail receipt dated November 2, 2023 for mail addressed to the 'County of San Diego' (ROA # 54). However, given its date, this receipt does not appear to be related to the August service. This receipt does not state what documents were mailed, and still does not evidence acknowledgement of service by the County.

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